Disability Rights in Arizona Housing

If you have disability, there are certain Arizona disability rights in housing put in place to protect you from discrimination when searching for, procuring or renting housing and apartments. Housing rights for disabled tenants protects many residents who may be vulnerable to discriminations, especially those residents with disabilities. For more information on housing rights for disabled tenants, who is considered disabled and more, refer to the sections below.

What is a disability?

To qualify for housing rights for disabled people in Arizona, you must meet the federal classification of being disabled. People that fall into the disabled category receive fair housing disability rights no matter where they live. The federal law in Arizona classifies a person as being disabled if they have a physical or mental impairment that limits one or more prominent life activities. This person must have record of the impairment or be regarded as someone with this impairment. Although not a complete list of disabilities covered by Arizona disability rights in housing, impairments can include:

  • Hearing, mobility and/or visual impairments

  • Chronic alcoholism

  • Mental illness

  • AIDS and AIDS-related complex

  • Mental disabilities

Some of the major life activities affected by physical or mental disabilities include walking, talking, breathing and learning, although the federal definition includes more definitions of major life activities. Getting more information about the Arizona disability rights in housing can help you determine what protection you are entitled to when applying for housing options.

Fair Housing Disability Rights

Federal law grants certain fair housing disability rights for any resident with a disability while living in public or private housing. Housing rights for disabled people in Arizona prohibit any discrimination against someone with disabilities. This means that it is illegal for a person not to rent or sell to another person because they have a disability. In addition to this, the seller or property manager cannot have a different application or eligibility requirements for a person with disabilities. This includes changing rental fees, sales prices or terms and conditions for people with mental and/or physical disabilities. Residents who feel their Arizona housing disability rights are being violated should learn how to file a complaint about housing discrimination.

Due to Arizona disability rights, renters and other housing providers are required to make accommodations for people with disabilities. The regulations of housing rights for disabled people in Arizona requires providers to change rules, practices, any polices that the residence has and services so that the disabled person may have the ability to use the accommodation to the same extent that others without disabilities can, within reason. The renter or seller should do everything that they can to help the applicant with disabilities, but fair housing disability rights do not require them to make renovations that would change the home fundamentally or cause the owner to undergo financial stress. Accommodations may need to be made for the disabled resident during the application process, during their time in the home or apartment and to prevent eviction. For example, under Arizona disability rights in housing, a service animal is a reasonable accommodation that a landlord must make, even if they typically do not permit animals on the property.

Housing disability rights state that landlords must allow a person with disabilities to make renovations, although the homeowner or landlord is not required to make modifications to the structure of their property. This includes any reasonable modification to the structure of the property that will allow the person with disabilities to have full use and enjoyment of the house or property. This could include adding a ramp to the entrance of the unit, installing bars in the restroom and more. Typically, the tenant with disabilities must pay for the accommodations guaranteed by Arizona disability rights in housing.

If you are a disabled person who needs to make modifications to a property you are renting or purchasing, there are fair housing rights programs in place to help with the cost. If you live in federally assisted housing, then the landlord or building owner may be required to pay for the changes themselves. Getting information about housing counseling services may help you seek resources about fair housing workshops before obtaining a home, in addition to other services.

Housing rights for disabled tenants state that federally-funded, multifamily housing is designed that is it must be constructed to be accessible for people with disabilities. If the housing has for or more separate units and an elevator, the property must have an accessible entryway, usable doors and reinforced bathroom walls. To comply with housing rights for disabled tenants, the housing units must also meet the following requirements:

  • There must be accessible routes to enter the unit and get through the unit

  • The light switches, outlets and thermostats must be accessible, as well as the environmental controls

  • There must be reinforced walls in the bathrooms

  • The kitchens and bathrooms in the units must be usable by people with disabilities

In properties that do not have an elevator, but have four or more units, housing rights for disabled tenants state all of the units of the ground floor must meet the aforementioned requirements. Please remember that these requirements only apply to units built after March 13, 1991.

It is also against housing rights for disabled people in Arizona, for people with disabilities to be excluded from programs that receive federal funding just because of their disability. Local governments cannot use land use or zoning requirements to stop people with disabilities from moving into their area.

In most cases, states have the same housing rights for disabled tenant laws listed in the Fair Housing Act. However, some states may have additional rules and regulations. Click here to learn more about Arizona disability rights in housing with our comprehensive guide.

The Americans With Disabilities Act

The Americans with Disabilities Act was also put into place to uphold disability rights and help people with disabilities. In many cases, it does not affect fair housing disability rights in residential housing. It mostly covers public spaces such as restaurants, libraries, hospitals and more. It also covers commercial facilities. Though the majority of the act does not have jurisdiction over residential areas, Title III of the act covers common areas in housing developments and protects people with disabilities in those environments. This includes any housing that the Americans with Disabilities Act would consider a public entity. This also includes any housing that is run by a state or unit of government. State university campuses are also held accountable under this act.

For more information on Arizona disability rights in housing in public and private spaces, click here to download our guide.



What Kind of Assistance Is Offered by the Arizona HUD?

The Arizona Department of Housing & Urban Development (HUD) provides various services to state residents. However, applicants must meet income requirements established by the HUD to receive housing loans and vouchers. To learn more about the application details regarding housing benefits, download our guide today.


Who Is Eligible to Receive Housing Assistance in Arizona?

Income and residency requirements are established by the AZ Department of Housing and Urban Development for residents to qualify for housing benefits. Details regarding your income and household typically serve as the basis of an application, but requirements vary. To learn more about the criteria you must meet to obtain housing benefits, please download our guide.