Filing a Disability Discrimination Claim in Arkansas

Renters living with disabilities in Arkansas are protected by state and federal laws from discrimination in housing. If you believe a landlord has discriminated against you due to your disability, you have the right to file a complaint and seek accommodations. This guide explains the process for renters in Arkansas, including how to file a disability discrimination claim, required forms, and where to get help.

What Counts as Disability Discrimination in Housing?

Disability discrimination occurs when a landlord, property manager, or housing provider treats you unfairly due to a physical or mental impairment. Examples include refusing to rent, charging extra fees, or denying reasonable accommodations (like allowing a service animal).

• Refusal of reasonable modifications or accommodations (like a wheelchair ramp or grab bars)
• Denying rental or making housing unavailable because of your disability
• Imposing different rules or higher rent based on disability

Arkansas law works alongside the federal Fair Housing Act to protect you^[1].

Filing a Disability Discrimination Complaint: Key Steps

If you believe your housing rights have been violated, you can take action by filing a complaint with the Arkansas Fair Housing Commission (AFHC). This process is free, confidential, and designed to help tenants resolve disputes.

Step 1: Gather Documentation

• Keep all emails, letters, written requests, and any responses from your landlord
• Collect medical records or letters (if comfortable) that document your disability, only if needed for a request
• Document dates, details, and names of any relevant interactions

Step 2: Complete the Housing Discrimination Complaint Form

The Arkansas Fair Housing Commission uses the "Housing Discrimination Complaint Intake Form" (no specific number). This form asks for details about what happened, when, and who was involved.

• Name of form: Housing Discrimination Complaint Intake Form
• When to use it: If you believe your landlord or housing provider has discriminated against you based on disability
• How to use it: Complete the form with your details and a description of the discrimination. For example, if your landlord refused to allow your service animal after you provided medical documentation, you would explain the situation and attach supporting documents.
• Official source: Arkansas Fair Housing Commission complaint page

Step 3: Submit the Form

• You can submit your complaint online, by mail, or in person to the Arkansas Fair Housing Commission. Instructions are provided on the official AFHC website.
• Complaints must be filed within one year of the alleged discrimination.

Once submitted, the Commission will review your complaint, investigate, and may offer mediation. If necessary, your case can be referred to the U.S. Department of Housing and Urban Development (HUD).

Your Rights Under Arkansas Law

The key state law covering landlord and tenant responsibilities in Arkansas is the Arkansas Residential Landlord-Tenant Act of 2007. This law works with federal protections to ensure equal housing opportunities for renters with disabilities^[2].

• It is illegal for a landlord to refuse reasonable accommodations for a documented disability
• Retaliation for asserting protected rights is prohibited

Note: If you are facing threats of eviction after requesting accommodations, keep detailed records and mention this in your complaint.

Who Handles Tenancy Disputes in Arkansas?

The Arkansas Fair Housing Commission (AFHC) is the official body responsible for investigating housing discrimination complaints in the state. The AFHC enforces Arkansas’s fair housing laws and helps resolve issues between renters and landlords.

Timeline and What to Expect After Filing

• Once your complaint is received, the AFHC will notify your landlord and begin an investigation.
• The AFHC may attempt voluntary mediation to resolve the issue.
• If resolution fails, the Commission may proceed with enforcement or refer your case to other agencies like HUD or the courts.

Most cases begin with a fact-finding investigation before reaching any formal hearing or trial.

FAQ: Disability Discrimination Claims in Arkansas Rentals

1. What is considered a reasonable accommodation?
   A reasonable accommodation is any change to rules, policies, or services that helps a person with a disability use and enjoy their rental unit. Examples include allowing a service animal, installing grab bars, or providing a reserved parking space.
2. Can my landlord evict me for requesting an accommodation?
   No. Retaliating against a renter for exercising fair housing rights, including requests for accommodations, is illegal.
3. Is there a deadline for filing a discrimination complaint?
   Yes. Complaints to the AFHC must be filed within one year of the alleged discriminatory act.
4. Do I need a lawyer to file a complaint?
   No. The Arkansas Fair Housing Commission provides free assistance to renters, and you do not need legal representation to file a complaint.
5. What happens after I file my complaint?
   The AFHC will review your submission, may investigate, and can offer mediation. You’ll be kept informed of each step.

Need Help? Resources for Renters

• Arkansas Fair Housing Commission Complaint Intake – Official complaint form and instructions
• Arkansas Fair Housing Commission – Main website, policies, and contact
• U.S. HUD Fair Housing Discrimination Complaint Portal
• Arkansas Legal Services – Free legal assistance for renters: Arkansas Legal Services
• Toll-Free Fair Housing Hotline: 1-800-340-9108

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1. See: The Fair Housing Act (U.S. Department of Justice)
2. Arkansas Residential Landlord-Tenant Act of 2007

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