An owner may not ask whether an applicant has a disability or about its nature or severity

xp.fair_housing.disability_inquiry_limits · v1.0.0

It is unlawful to inquire whether an applicant, a person who intends to reside in the dwelling, or anyone associated with them has a disability, or to inquire as to the nature or severity of a disability. Five inquiries remain permitted provided they are made of every applicant: ability to meet the requirements of tenancy; whether the applicant qualifies for a dwelling available only to persons with a disability or a particular disability; whether the applicant qualifies for a priority reserved for such persons; whether the applicant is a current illegal abuser or addict of a controlled substance; and whether the applicant has been convicted of the illegal manufacture or distribution of a controlled substance.

Confidence

high

Effective from

1989-03-12

Last reviewed

2026-08-31