May a landlord charge a person who uses a wheelchair a higher security deposit because of concerns about damage to the dwelling unit?
No. A wheelchair user is no more likely than anyone else to cause damage, beyond typical wear and tear, to a dwelling unit. However, if a person who uses a wheelchair does cause damage to a unit that is beyond normal wear and tear, whether the damage is related to the wheelchair or not, that individual may be required to cover such damage out of a standard security deposit that is charged to everyone. Question: What limits does Section 504 impose on the ability of federally assisted housing providers to require persons with disabilities to live in “segregated housing,” i.e., housing for elderly and/or disabled individuals. Answer: Section 504 limits housing providers from providing, or requiring persons with disabilities to accept, housing that is different or separate, and instead, requires that housing programs be integrated and offer the same benefits as provided to persons without disabilities, with only a few limited exceptions. These exceptions are (1) when it can be demonstrated
