If a person is prosecuted for discrimination against a handicapped individual in a housing context, which law applies?

In the context of housing discrimination against handicapped individuals, the Fair Housing Act (FH Act) is the key piece of legislation that applies. The Fair Housing Act specifically prohibits discrimination in housing based on several protected classes, including disability. This law ensures that individuals with disabilities have the same rights as everyone else when it comes to renting, buying, or securing financing for housing.

The relevance of the Fair Housing Act is significant as it outlines various discriminatory practices that are illegal, such as refusing to rent or sell to someone because of their disability, or failing to make reasonable accommodations for the needs of disabled individuals. Therefore, if a person is prosecuted for discrimination in a housing context involving a handicapped individual, the Fair Housing Act serves as the legal foundation for such a case, providing a clear framework for enforcement and protection of the rights of those with disabilities.

The Americans with Disabilities Act (ADA), while it does offer broad protections against discrimination based on disability, primarily pertains to public accommodations and employment rather than housing itself. This differentiates the ADA from the Fair Housing Act, which is specifically tailored towards housing-related instances of discrimination.