Many people want to continue living at home as they age, even as their physical health begins to decline.  For renters and homeowners this can pose challenges and involve important conversations among families about the feasibility of continuing to live independently and plans for how to support these individuals. However, there are times when these frank conversations can slip from caring about someone’s best interest into intentional disability or age discrimination when the person instigating the conversation is a housing provider. 

The federal Fair Housing Act (FHA) prohibits discrimination on the basis of physical disability.  Additionally, New Hampshire law similarly protects against disability discrimination as well as age discrimination. A housing provider directing a tenant who wishes to continue to live independently to assisted living based on their disability may be an illegal practice under the Fair Housing Act called “steering”. Steering is the act of a housing provider or real estate professional influencing a person’s choice of housing or neighborhood based upon one of their protected characteristics. When a housing provider encourages a disabled or elderly person to seek alternative assisted living housing while they intend to remain living independently, this may be a form of steering.

Despite these protections, some landlords feel entitled to provide their opinion – or in extreme cases – serve an eviction notice – as to whether an aging person or a person with disabilities can safely live in the community. Housing providers will often say a person “can no longer live independently,” “belongs in assisted living” or “cannot safely live alone” due to their disabilities. They even might claim that a tenant’s disability makes them a financial liability to the landlord based upon the risk of a personal injury lawsuit.

Some landlords even go as far as to put these statements in writing or even go so far as to serve an eviction notice citing these reasons.  This happens even when tenants are paying their rent on time and not bothering anyone. It is a violation of the federal Fair Housing Act for a landlord to evict a tenant because the landlord believes the tenant is not capable of “living independently” or that they view their disability as a financial liability.

Sadly, landlords may even express these concerns – or move to evict a tenant for these reasons – in response to the tenant making a reasonable accommodation or modification request to accommodate their disability.  For example, a tenant with mobility issues asks their landlord for permission to install a chair lift as a reasonable modification and a week later, their landlord issues an eviction notice alleging that the tenant “can no longer live independently.”  This is not a lawful basis for eviction and constitutes disability discrimination under the federal FHA and New Hampshire law.

New Hampshire Legal Assistance’s Fair Housing Project helps tenants facing these discriminatory tactics by their landlords.  If you or someone you know has experienced disability or age discrimination, contact NHLA’s Fair Housing Project at 1-800-921-1115 to see if we can assist you.