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Introduction
The Federal Fair Housing Act (“Act”) (42 U.S.C. §§ 3601-19) prohibits discrimination inhousing on the basis of race, color, religion, sex, national origin, familial status, and disability (as well as sexual orientation/gender identity if the housing provider or program receives federal funding. A housing provider’s refusal to make a reasonable accommodation that is necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling constitutes disability discrimination and is a violation of the Act.
This chart by the National Consumer Law Center (NCLC) provides a summary of relief options available for borrowers facing a COVID-19 related hardship. The options that a borrower has depends on the loan investor. For loans it covers, Section 4022 of the Coronavirus Aid, Relief, and. Economic Security (CARES) Act requires forbearance for borrowers with COVID-19 hardships and some investors have expanded on those provisions.
Under the Fair Housing Act, housing providers are required to allow changes to the structure of their rental, when such a change is reasonable and is necessary to allow a person with a disability the full use and enjoyment of the premises. Examples of reasonable modifications include ramps, grab bars, push door handles, or lowering the entry threshold of a unit. Reasonable modification costs are typically paid by the tenant, but public housing agencies and federally-assisted housing providers are required to pay for reasonable modifications.
The National Consumer Law Center, Inc. has created a free chapter on Homeowner Rights During the Covid-19 Pandemic. This Chapter covers issues such as Fannie Mae, Freddie Mac, Federal Housing Agency (FHA), VA, and USDA mortgage loans, state-based pandemic-related relief, portfolio and private label securities, and foreclosures.
This Chapter is accessible for free here: https://library.nclc.org/free-access-new-chapter-homeowner-rights-during-covid-pandemic.
Please find attached a template letter that you can use to request information from your mortgage servicer for information regarding escrow accounts if your mortgage loan is currently in forebearance.
Do you know what a place of public accommodation is? Did you know that places of public accommodation must be accessible to persons with disabilities?
To learn more, please view our Public Accommodations Guide, which covers state and federal protections for persons with disabilities in places of public accommodation.
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