4.0 I. Introduction

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

I. INTRODUCTION

The enactment into law of the federal Fair Housing Amendments Act of 1988¹ brought people with disabilities within the scope of coverage provided to other protected classes under Title VIII of the Civil Rights Act of 1968, otherwise known as the Fair Housing Act. Prior to 1988, the federal remedies available to people who were denied equal access to housing based upon disability were limited to those available to occupants of federally funded housing pursuant to § 504 of the Rehabilitation Act of 1973, as amended,² and, where governmental action was involved, pursuant to the equal protection clause of the United States Constitution.

Although the Americans with Disabilities Act³ does not specifically cover housing, Title II of the ADA applies to the activities of state and local governments, including the regulation of land use.⁴ This is significant because much housing discrimination litigation in the last two decades...