How does the FHA define disability?

• A. A temporary condition that can be cured
• B. A physical or mental impairment that substantially limits a major life activity, a record of such impairment, or being regarded as having such impairment
• C. Only physical disabilities are covered
• D. Disability protection only applies after medical diagnosis

Answer: (B)

Disability under the Fair Housing Act is defined broadly to protect a wide range of individuals. The definition has three parts: an actual physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This means protections can apply not only to people who currently have a significant impairment, but also to someone with a history of an impairment or someone who is treated as if they have one, even if no diagnosis is present.

Major life activities include functions like walking, seeing, hearing, speaking, breathing, learning, working, and basic self-care. The phrase “substantially limits” means the effect is more than minor or transitory; it’s a meaningful limitation on functioning. The “regarded as” prong is important because it covers people who are discriminated against based on a perception or assumption about a disability, even if they do not have a qualifying impairment themselves.

So the best answer captures the full, three-part breadth of the FHA’s disability definition: a qualifying impairment that substantially limits major life activities, a record of such impairment, or being regarded as having such impairment. The other options don’t fit because they either restrict disability to temporary or physical conditions, or hinge on a medical diagnosis alone, which the FHA does not require in its protected definitions.