Under the Fair Housing Act, when is it legal to refuse to rent to a person with a disability?

The Fair Housing Act provides protections against discrimination in housing based on various characteristics, including disability. Refusing to rent to someone with a disability is generally prohibited unless specific conditions are met. The legal basis for refusing rental in the case of a person with a disability centers around the concept of health and safety.

When a person's occupancy is determined to pose a direct threat to the health or safety of others—meaning that the risk is specific, imminent, and significant—landlords may have legal grounds to refuse rental. This must be based on an individualized assessment rather than assumptions about disabilities. The assessment should consider the nature, duration, and severity of the risk posed by that individual, along with any reasonable accommodations that might mitigate the threat.

In contrast, other scenarios mentioned do not legally justify refusing rental to someone with a disability. For example, a criminal record or issues with timely rent payment, while potentially valid concerns in housing situations, do not directly relate to a tenant's disability status. Similarly, the lack of property modifications does not exempt landlords from their obligations under the Fair Housing Act to accommodate individuals with disabilities.