Does Section 504 require a housing provider to accept every person with a disability who applies for the housing?
Section 504 does not require that a person with a disability be accepted without regard to eligibility requirements or his or her ability to meet standard, nondiscriminatory tenant selection and screening criteria. Rather, Section 504 requires that a person with a disability be evaluated using the same objective criteria that are applied to persons without disabilities. Applicants, with or without a disability, may be rejected if they have a record of adversely affecting others such as disturbing neighbors, destroying property, or failing to pay their rent on time. However, under Section 504, the housing provider must make sound and reasonable judgments based on objective evidence (current conduct or a history of overt acts). Subjective fears, unsubstantiated rumors, speculation and generalized suspicion do not constitute objective information that an applicant cannot meet the terms of tenancy.
Related Questions
- If an applicant or tenant requests an accommodation due to a disability, can a housing provider require documentation that he or she needs the accommodation?
- Does Section 504 require a housing provider to accept every person with a disability who applies for the housing?
- What questions may a housing provider ask a person who is applying for housing?
