Also known as: regarded as having an impairment · regarded as · regarded-as prong
Written by attorneys · grounded in primary & secondary sources — see below
A statutory criterion for establishing handicap status under the Fair Housing Act that is satisfied when a person shows subjection to a prohibited action because of an actual or perceived physical or mental impairment, regardless of whether the impairment limits or is perceived to limit a major life activity.
Ravi Reddy and Ruby Rivera agreed to bar Roberto Reyes from purchasing units in their apartment complex. They acted because they regarded him as having such impairment based on his perceived mental condition. The agreement targeted an unlawful objective under the Fair Housing Act. A court held the pact formed a conspiracy to violate the statute.
Renee Rogers repeatedly rented units to tenants she regarded as having such impairment after they disclosed prior mental health treatment. Over several leases the parties developed a pattern of waiving certain credit checks for those tenants. When a new applicant with the same history sought housing, Rogers refused on that basis. The refusal constituted discrimination under the Fair Housing Act.
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Rosalind Reed sued after a landlord refused her tenancy because he regarded her as having such impairment from a mobility condition. Monetary damages alone could not fully compensate the dignitary and emotional harm. The court found the damage remedy relatively adequate due to its declaratory and punitive functions even though compensation was incomplete.
Ricardo Rojas and his partner formed a common law marriage in a state that still recognizes it. After moving, Ricardo was regarded as having such impairment due to a chronic illness. A landlord in the new state refused to rent to the couple on that basis. The court held the refusal violated the Fair Housing Act regardless of the marriage's status.
Roberto Reyes used force against an assailant he regarded as having such impairment from a serious mental condition. The harm threatened was not serious bodily harm under the circumstances. The court held the amount of force applied was not intended or likely to cause death or serious bodily harm, so the privilege applied.
Ravi Reddy received notice that his disability benefits would end because the agency no longer regarded him as having such impairment. He requested a pre-termination hearing to contest the change. The court required an evidentiary hearing before benefits could be discontinued, balancing private and governmental interests.
No. The criterion is met when a person shows subjection to a prohibited action because of an actual or perceived impairment, whether or not the impairment limits or is perceived to limit a major life activity.
No. The regarded-as prong does not apply to impairments that are transitory and minor.
A plaintiff must establish that he or she has been subjected to an action prohibited under the Act because of an actual or perceived physical or mental impairment.
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