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ARTICLE · 01 MARCH 2014

Here Is How The Fair Housing Laws Define "Disability"

Fox Rothschild LLP
Fox Rothschild LLP
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As a part of management’s consideration of reasonable accommodation or reasonable modification requests received from our valued residents (and/or applicants), sometimes we need to determine if the resident is "disabled" or has a "disability" as defined under applicable law.

United StatesReal Estate and Construction

As a part of management's consideration of reasonable accommodation or reasonable modification requests received from our valued residents (and/or applicants), sometimes we need to determine if the resident is "disabled" or has a "disability" as defined under applicable law.   While many of the fair housing laws use the term "handicap," cases interpreting our fair housing laws make clear that the terms "handicap" and "disability" have the same meaning in this circumstance.  As currently interpreted, individuals with handicaps or persons with disabilities include individuals:  (a) with a physical or mental impairment that substantially limits one or more major life activities; (b) who are regarded as having such an impairment; and (c) who have a record of such an impairment.  There are many conditions that can qualify as "disabled" under the law.

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