Is it true that it is illegal to evict a person with a disability?
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Is it true that it is illegal to evict a person with a disability?
We were evicted a little over a year ago and the guy sued us for the back rent. We were forced to go homeless and were living in motels. My son has autism and this ordeal has been very stressful for him. It has really messed up his life, he is afraid to go anywhere. We were making court ordered payments to the former landlord but stopped them when we added a car payment, so he did a wage garnishment and took our rent money for October. He is going to force us out on the streets again. Do we have a case against him?
Asked on October 3, 2011 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, you are incorrect--it i not illegal to evict a person with a disability. A landlord is entitled to receive rent for the premises; he or she does not need to let tenants live in her property for free. When you violated the court order by not paying the landord, the landlord became entitled to evict you.
A landlord may not *discriminate* against the disabled, but that means merely he can't refuse to rent to them because of a disability, and he must make "reasonable accomodations" (such as wider doorways, grab bars in shower, and entrance ramps) to allow them to reside there. However, he or she is still entitled to receive rent.
You may be able to get the court to give you a brief "hardship stay" or otherwise delay you eviction to give you time to find new arrangements, but even for that, you'll likely have to pay rent; and even if you get it, it will be temporary. You should ask for it, but don't overestimate what it will get you. Your only chance of staying in this apartment would be to work something out with the landlord and pay your rent.
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