CHAPTER 3   HOUSING

 

CHAPTER 3   HOUSING.. 1

Fair Housing Practices  34-37. 1

Discrimination in granting credit or loans 34-37-4.3. 2

Department of Elderly Affairs RI Assisted Housing Living Waiver 42-66.8. 4

Personal Assistive Animals 42-87-3. 2

Elderly Housing--Priority for Veterans with Disabilities 45-26-12. 2

Assisted Housing Living Waivers: 42-66.8. 3

Subsidized Housing 45-33.2 and 45-33.3. 3

Zoning & Community Residence 45-24-37. 3

ACCESSIBILITY.. 4

 

Fair Housing Practices 34-37

It is illegal to do the following when seeking to sell, lease, or rent housing:

1.     make inquiries regarding disability;

2.     refuse to sell, lease, or rent housing on the basis of disability;

3.     use advertisements that indicate a preference or discrimination based on disability; or

4.     withhold privileges, facilities, or services on the basis of disability;

          The owner cannot refuse a disabled tenant the right to modify their apartment at their own expense. The tenant must restore the apartment to its original condition before moving.

          The owner cannot refuse to modify the rules, polices, and services when the modification is necessary for the tenant to have equal use of the facilities as other tenants.

          If the disabled tenant owns an assistive animal, trained by a certified animal training program, is entitled to full and equal access to all housing accommodations but shall be liable for any damage done to the premises by a guide dog or other personal assistive animal.

Any housing accommodation of four (4) units or more constructed for first occupancy after March 13, 1991 shall be designed and constructed in such a manner that: 

1.  The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities; 

2.   All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; 

3.   All premises within the dwellings contain the following features of adaptive design: 

(i) Accessible route into and through the dwelling; 

(ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; 

(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and 

(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

 

To file a complaint contact the:

Commission for Human Rights

Discrimination in granting credit or loans 34-37-4.3

          No person or lending institution may discriminate on the basis of a disability when granting or extending any form of loan or credit.

 

To report a violation contact the:

Commission for Human Rights

 

Personal Assistive Animals 42-87-3

          It is illegal to refuse to allow personal assistive animals when renting or leasing property.  Seeing-eye dogs and hearing-ear dogs are examples of personal assistive animals.  In addition, additional fees cannot be charged for the presence of a personal assistive animal.  If the animal causes damage to the property, the user of the animal is responsible for the cost of repairs.

 

To file a complaint contact the:

Commission for Human Rights

 

Elderly Housing--Priority for Veterans with Disabilities 45-26-12

          An honorably discharged veteran who became disabled while serving in the armed forces of the United States during any conflict or (declared or undeclared) war must be given first priority in elderly housing accommodations.  The veteran must meet all other qualifications for placement in a housing project for the elderly.

 

To apply contact the:

city or town Public Housing Authority

 

Assisted Housing Living Waivers 42-66.8

Provides assisted housing living waivers for persons who have moderate / low income and are chronically impaired / disabled elders / disabled adults who are eligible for or at risk of placement in nursing facility care.

 

For further information contact the:

Department of Elderly Affairs

Subsidized Housing 45-33.2 and 45-33.3

          There are accessible units in public housing apartment complexes that are subsidized for persons with disabilities.  The wait to receive this lower-cost housing can range from 6 months to 10 years.  For proof of eligibility, present a Medicaid card or evidence of Supplemental Security Income to the housing authority.

 

To apply contact the:

city or town Public Housing Authority

Family Independent Program

Zoning & Community Residence 45-24-37

          Local city or town zoning ordinances must permit community residences within all residential zoning use districts and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons.  Appropriate access to residential structures will be allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.

          A community residence, for zoning purposes, is a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This does not include halfway houses or substance abuse treatment facilities. This does include, but is not limited to the following:

1. wherever six (6) or fewer children or adults with retardation reside in the residence licensed by the state then all requirements to local zoning are waived;

2. a group home providing care and/or supervision, to not more than eight persons with mental or physical disabilities that is licensed by the state;

3.  a residence for children providing care and/or supervision, to more than eight (8) children including those of the care giver and licensed by the state; and

4. a community transitional residence providing care and/or assistance, to no more than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse or neglect, and who are expected to reside in that residence not less than sixty (60) days nor more than two (2) years.

 

To file a complaint contact the:

city or town zoning board of review

or

RI Disability Law Center

 

ACCESSIBILITY

          Housing rights related to accessibility (including accessibility to fire safety) can be found in Chapter Two: Accessibility.

 

Department of Elderly Affairs RI Assisted Housing Living Waiver 42-66.8

          The Department of Elderly Affairs provides for an assisted housing living waiver for persons who have low and moderate income and are chronically impaired or disabled elders and other chronically impaired or disabled adults who are eligible for or at risk of placement in nursing facility care.

 

For further information contact the:

Department of Elderly Affairs

 

INDEX:

 


 Fair Housing Practices

   Assisted Housing Living Waivers....

 Personal Assistive Animals

 Zoning & Community Residence

Department Elderly Affairs RI assisted Housing Living Waiver Elderly Housing--Veterans with Disabilities

 Subsidized Housing

 Subsidized Housing

AccessibilityACCESSIBILITY

Assisted Housing Living Waivers

Assistive Animals

Commission for Human Rights

42-66.8 -- Department of Elderly Affairs RI Assisted Housing Living Waiver

Elderly Housing

Housing Fair Practices

Assisted Housing Living Waivers

Veterans with Disabilities

Fair Housing Practices

Granting Credit or Loans Discrimination Housing

Personal Assistive Animals

Subsidized

Housing Practices

Human Rights Commission

Independent Living

Personal Assistive Animals

Living Waivers, Assisted Housing.

Personal Assistive Animals

Public Housing Authority

Subsidized Housing

Veterans with Disabilities

Elderly housing

Zoning & Community Residence


 

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