Safe Spaces for Those Who Served: Fair Housing Laws and Veterans

By Gracie Davis – Deputy Executive Assistant at West Virginia Senior Legal Aid, Inc.

Numerous veterans in West Virginia face barriers when it comes to finding and keeping safe, stable housing. After serving their country, veterans should not have to fight another battle merely to have a place to live. That is where the Fair Housing Acts come in and play a critical role. The federal Fair Housing Act prohibits discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, familial status, and disability. West Virginia has "broadened" this list by including ancestry and blindness in the West Virginia Fair Housing Act. All residential property owners, landlords, property managers, developers, condominium associations, homeowner associations, and all their employees shall adhere to Fair Housing laws.

Veterans tend to be particularly affected by fair housing laws because of having things such as a physical disability, a mental disability, disability income, a family that includes minor children, a pregnant spouse, a service animal, a support animal, et cetera that may trigger discrimination.

However, discrimination does not always look obvious. Sometimes, it is hidden in patterns or under a veil. For example, a property owner consistently denies applications from people using VA housing assistance or asks invasive medical questions that are not allowed. Moreover, a property owner or realtor may: (1) say a housing unit is unavailable when it is available and its ad is still running; (2) quote a higher rent or security deposit than advertised; (3) say the housing complex only accepts income from employment; (4) say that children are not allowed; (5) refuse to make accommodations to the housing unit that would allow you to live in the unit; (6) refuse to allow you to make modifications (e.g., adding a wheelchair ramp or other accessibility modifications); (7) have a history of similar discriminatory behavior.

Additionally, it should be noted that veterans cannot be treated unfairly for receiving housing assistance, like HUD-VASH vouchers or other forms of public support. If a landlord turns you away just because you are using a voucher, that might be illegal source-of-income discrimination, which is increasingly recognized across the country, even if not yet specifically outlawed in West Virginia.

Fair Housing laws require property owners to make reasonable accommodations, which are exceptions to the property owner’s rules, policies, or practices. The following are examples of reasonable accommodations: (1) providing a parking spot close to the rental unit; (2) permitting the tenant to have a service animal or support animal; (3) permitting the tenant to have a live-in aide to assist with daily living activities.

Furthermore, fair housing laws require that property owners allow reasonable modifications, which are structural alterations to the property. Modification examples might include: (1) ramps installed for access; (2) grab bars for safety and use of bathrooms; (3) doorbell flashers for hearing-impaired tenants. The tenant may need to remove the modifications when moving out of the housing unit. Typically, the tenant pays for the modifications.

For further assistance, please contact a licensed attorney. West Virginia Senior Legal Aid is dedicated to defending seniors’ rights.