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Landlord’s Obligations Under the Fair Housing Act

June 01, 20262 min read

April is Fair Housing Month, and this year it ended with a stark reminder of what's at stake when landlords fall short of their obligations under the Fair Housing Act.

On April 30, 2026, the U.S. Department of Justice announced the second-largest fair housing settlement in history. A landlord agreed to pay $750,000 to resolve claims that it failed to accommodate a mother's repeated requests to transfer her family to a ground-floor unit — requests driven by her son's disability. According to the DOJ, the family was denied relief over a 14-month period despite the availability of multiple first-floor units, leaving the mother unable to carry her son in and out of their apartment without assistance.

We weren't privy to the facts, and we won't speculate about the landlord's reasoning. But the takeaway for our investors is straightforward: a disabled resident has the right to transfer to a more accessible unit when their current unit no longer meets their needs. When that request is ignored for over a year — with available alternatives sitting empty — the legal and financial exposure is severe.

What This Means for You as a Property Owner

Reasonable accommodation requests are not optional to engage with. Under the Fair Housing Act, landlords are required to participate in an interactive process — a good-faith, back-and-forth dialogue with the resident to evaluate what accommodation is needed and whether it is feasible. Simply saying no, or worse, saying nothing at all, is not a defensible posture.

Not every request is as clear-cut as a unit transfer. We are currently seeing an uptick in residents requesting early lease termination based on a claimed disability — a situation that involves careful legal analysis of medical documentation, lease terms, and the specific nature of the request. These situations require individualized attention.

Our Recommendation

Before denying any reasonable accommodation or modification request, contact your property management company and, when in doubt, consult with legal counsel. The cost of a phone call is considerably less than a seven-figure settlement.

Fair housing compliance is not just a legal obligation — it is a risk management priority. We are here to help you navigate these situations when they arise.

Questions? Contact Zona Law Group P.C.This newsletter is for general informational purposes only and does not constitute legal advice.

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