Can You Be Evicted with a Disabled Child: Understanding Your Rights and Options

Introduction: can you be evicted with a disabled child

Being a parent of a disabled child comes with unique challenges, and one of the concerns that may arise is the fear of eviction. Many parents wonder if they can be evicted from their homes due to their child’s disability-related needs. In this article, we will explore the legal rights and options available to parents with disabled children when it comes to eviction.

Understanding the Legal Landscape

The Fair Housing Act and Disability

The Fair Housing Act is a federal law that prohibits discrimination in housing based on disability. This means that landlords cannot evict tenants solely because they have a disabled child or family member. The Act requires landlords to make reasonable accommodations to allow individuals with disabilities to fully enjoy and use their homes.

Reasonable Accommodations

If you have a disabled child and require certain accommodations to ensure their well-being, you have the right to request these changes from your landlord. These accommodations might include modifications to the living space to make it more accessible or allow a service animal. Landlords are generally obligated to consider and implement reasonable accommodations.

Eviction Process and Protections

Eviction for Non-Payment of Rent

While the presence of a disabled child does not make you immune to eviction for non-payment of rent, the eviction process must still follow legal procedures. It’s essential to communicate with your landlord and, if necessary, explore available resources and assistance programs that might help you keep up with your rent payments.

Retaliation and Discrimination

If you believe that your landlord is attempting to evict you in retaliation for requesting reasonable accommodations or due to your child’s disability, you might have legal grounds to challenge the eviction. Document any communication and actions to support your case.

Exploring Available Support

Government Assistance Programs

There are various government assistance programs designed to support families with disabled children. These programs can provide financial aid, access to affordable housing, and services tailored to the needs of your child. Research available programs in your area to determine if you qualify and how they can help.

Legal Aid and Counseling

If you’re facing the threat of eviction, seeking legal advice can be beneficial. Many organizations offer free or low-cost legal aid to families in need. These professionals can help you understand your rights, negotiate with your landlord, and take appropriate action if your rights are violated.

Your Rights in a Nutshell

To summarize, the presence of a disabled child does not automatically lead to eviction. You have legal rights and protections under the Fair Housing Act. Reasonable accommodations must be considered, and you have options to challenge unjust eviction attempts.

Conclusion

As a parent of a disabled child, your priority is their well-being and security. Understanding your rights and options in the face of eviction concerns is crucial. Remember, you have legal protections, and resources are available to support you in navigating this challenging situation.

FAQs

1. Can a landlord evict me just because my child has a disability?

No, it is against the law for a landlord to evict you solely based on your child’s disability.

2. What are reasonable accommodations, and how do I request them?

Reasonable accommodations are changes or modifications that help disabled individual fully enjoy their living space. You can request them from your landlord, who is generally obligated to consider and implement them.

3. Can I be evicted if I can’t afford to pay rent due to my child’s medical expenses?

While non-payment of rent can lead to eviction, there are assistance programs available to help families in such situations.

4. How can I prove that my landlord is evicting me due to my child’s disability?

Document all communication and actions related to your eviction. If you suspect discrimination or retaliation, legal professionals can provide guidance.