Subsidized Housing Issue

The Department of Justice ("DOJ") and the Department of Housing and Urban Development ("HUD") are jointly, responsible for enforcing the federal Fair Housing Act ("the Act"), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One type of disability discrimination prohibited by the Act is a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. HUD and DOJ frequently respond to complaints alleging that housing providers have violated the Act by refusing reasonable modifications to persons with disabilities.

In the state of Missouri, many lease agreements of subsidized programs omit mention of the obligations of the landlord relating to tenants with disabilities. If you live in subsidized housing in the state of Missouri and your lease agreement is 10 pages instead of 15 pages, this issue may concern you.

It is the responsibility of the landlord to maintain the common areas and facilities in a safe condition; this includes the safety concerns of tenants with disabilities.

When a person with a disability believes that he or she has been subjected to a discriminatory housing practice, including a provider's wrongful denial of a request for reasonable modification, he or she may file a complaint with HUD within one year after the alleged denial or may file a lawsuit in a federal district court within two years of the alleged denial. If a complaint is filed, HUD will investigate the complaint at no cost to the person with a disability. In order to file a complaint, visit HUD's website.

Note that the USDA-Rural Development is the provider of HUD funds for cities of less than 70 000 people.