Zoe Alvarez
Disabled people have several protections when renting, including the right to request reasonable accommodations from their landlord. These accommodations can include changes to rules, policies, or physical modifications to the rental property, as long as they are reasonable and do not cause undue burden on the landlord. Additionally, disabled tenants are protected from discrimination and harassment by laws such as the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). These laws prohibit landlords from refusing to rent, providing different services, or charging higher rent based on a person's disability. However, landlords are allowed to ask about specific accommodation needs and may require proof of disability for certain requests. It is important for both tenants and landlords to be aware of these rights and responsibilities to ensure compliance with the law and provide equal opportunities for all.
| Characteristics | Values |
|---|---|
| Legal protection against discrimination | Yes, under the Fair Housing Act ("FHA"), landlords cannot discriminate against disabled tenants or prospective tenants. |
| Landlord's right to know about disability | Yes, landlords can ask if tenants require accommodations and can request proof of disability if modifications are requested. |
| Landlord's responsibility to make accommodations | Yes, landlords must make reasonable accommodations to rules, policies, practices, or services to give tenants an equal opportunity to use and enjoy the dwelling. This includes physical accessibility requirements. |
| Protection against higher rent or fees | Yes, landlords cannot charge higher rent or additional fees to disabled tenants solely because of their disability. |
| Protection against separate facilities or housing services | Yes, landlords cannot provide different housing services or assign disabled tenants to certain sections of a rental property based on their disability. |
| Protection against harassment | Yes, landlords cannot harass tenants because of their disability or in any way related to their disability. |
| Right to file a complaint | Yes, tenants can file a discrimination complaint if the landlord refuses to provide reasonable accommodations after sufficient proof. |
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What You'll Learn
Discrimination protections
People with disabilities have significant protections when they rent living space. These protections are provided by various laws, including the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973.
The FHA, passed in the 1960s during the Civil Rights movement, prohibits discrimination against prospective renters based on race, colour, religion, or national origin. In 1974, these protected classes were expanded to include sex, and in 1988, to include the handicapped and disabled. The FHA also requires new multi-family housing construction to include a certain percentage of accessible apartments.
The ADA, passed in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including housing. The ADA defines a person with a disability as someone with a mental or physical impairment that limits one or more major life activities. This definition also includes those with records of being disabled.
Under the ADA, landlords must make reasonable accommodations to their rules, policies, practices, or services to give people with disabilities an equal opportunity to use and enjoy their dwelling. For example, a landlord may need to provide a close-in, spacious parking space for a tenant who uses a wheelchair if they already provide parking. Landlords may also need to make modifications to the property's infrastructure, such as installing ramps, which are considered "Universal Design elements" that benefit everyone.
However, it's important to note that tenants must still comply with local housing codes and pay rent, even if they have a disability. Additionally, landlords are not allowed to ask for proof of disability unless the tenant is requesting modifications or accommodations based on their disability. In such cases, tenants should be prepared to provide proof of their disability and the necessity of their requested accommodations.
If a landlord refuses to make reasonable accommodations or engages in discriminatory practices, tenants can file a complaint at the federal or state level.
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Reasonable accommodations
Disabled people are offered certain protections when renting, including the right to request reasonable accommodations from their landlord. These accommodations are changes to policies, practices, or services that give people with disabilities equal opportunities to use and enjoy their homes.
To qualify for a reasonable accommodation, a person must have a disability, and the accommodation must be necessary for them to have equal opportunities to use and enjoy their home. For example, a person with a mobility impairment living on the third floor of an apartment building may request that their landlord install an elevator for easier access. However, if the request would cause undue hardship or fundamentally change the landlord's business, it is not considered reasonable, and the landlord is not obligated to grant it. In the previous example, the landlord could instead offer the tenant a first-floor unit as a reasonable alternative.
Some people with disabilities require service animals to assist them with daily tasks or to alert them in certain situations. Landlords should treat these animals as medical equipment and grant reasonable accommodation requests related to their presence. While tenants can be asked to pay for any damage caused by their service animals, they are not responsible for restoring modifications made for the animals when they move out.
It is important to note that tenants should put all requests for reasonable accommodations in writing and provide proof of their disability if necessary. This helps protect their rights and makes it easier to prove retaliation or discrimination if the landlord takes illegal action.
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Service animals
To request a service animal as a reasonable accommodation, a tenant with a disability may provide a letter stating their need for the animal. This letter should be able to stand up in court and include information such as the doctor's name that diagnosed them. The landlord may also request reliable disability-related information to support the request.
It is important to note that emotional support animals are different from service animals. Emotional support animals provide comfort and assistance to individuals with disabilities, but they are not trained to perform specific tasks. While they are also protected by law, the protections may vary depending on the state and local regulations.
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Rent payment methods
Disabled people have significant protections when renting a living space. These include protections against discrimination and the right to request reasonable accommodations.
Disabled people may face challenges in paying rent on time, especially if their income is derived from social security benefits, which are often paid out later in the month. In such cases, tenants can request a reasonable accommodation from their landlord to pay rent late each month. This request should be made in writing, and it is advisable to provide proof of the need for such an accommodation, such as a letter from a physician or therapist.
It is important to note that while landlords must consider these requests, they always have the right to be paid rent. Therefore, tenants should also consider alternative solutions, such as changing the rent due date on the lease or seeking rental assistance programs.
Disabled individuals may qualify for rental assistance programs, such as government-backed initiatives or non-profit organizations that provide financial aid. These programs can help with rent payments and finding affordable housing. Additionally, local mental health centers may offer resources and support, including access to free furniture and food, which can help ease the financial burden of renting.
To ensure a smooth rental process, disabled tenants should be aware of their rights and the laws that protect them, such as the Fair Housing Act and the Americans with Disabilities Act (ADA). By understanding these laws, tenants can advocate for themselves and work with landlords to find reasonable solutions for rent payment methods.
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Physical accessibility
Disabled people have significant protections when renting living spaces. These protections are enforced by the United States Department of Housing and Urban Development (HUD). The Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) are two laws that prohibit discrimination against disabled tenants. According to the ADA, landlords must make "reasonable accommodations in rules, policies, practices, or services" to give people with disabilities "equal opportunity to use and enjoy a dwelling."
- Ramps for wheelchair users, which are considered "Universal Design elements" that benefit all tenants.
- Installation of railings for tenants with visual impairments or mobility issues, especially in bathrooms and kitchens to prevent slips and falls.
- Reserved parking spots near the building for tenants with mobility issues, ensuring they have the most easily accessible parking spaces.
- Grab rails in showering and bathing facilities to improve safety for tenants with mobility issues.
- Chair lifts for access to other floors in a house, as apartments often have elevators.
When renting a house, landlords may need to install chair lifts for tenants who require them. Additionally, tenants with visual impairments or mobility issues may require railings along the correct interior walls, particularly in bathrooms and kitchens. Landlords must also provide accessible parking options if parking is available.
To ensure physical accessibility, landlords should be familiar with the specific architectural standards and design features that make a property easily adaptable for tenants with disabilities. While landlords may not be required to pay for modifications to existing units, they should be aware of their responsibilities and work with tenants to reach reasonable compromises.
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Frequently asked questions
A reasonable accommodation is a change or exception to a rule or service that helps a person with a disability use their apartment or condo and the common areas. Accommodations can include parking, how/when rent arrives, and allowing service animals.
Disabled renters are generally protected under federal laws such as the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). The FHA prohibits landlords from discriminating against or refusing to rent property to a person because of their disability, harassing a person because of their disability, or requesting that a disabled renter pay additional fees. The ADA prohibits discrimination in all areas of public life against individuals with disabilities.
Landlords can ask disabled renters if they require reasonable accommodations or specific adjustments to their rental property. They may also ask about substance abuse problems or current addictions to illegal drugs. Landlords can ask for proof of disability when a tenant requests that certain modifications be made.
Disabled renters can file a discrimination complaint if a landlord refuses to provide accommodations after being provided with sufficient proof that they are necessary. Renters should request and keep everything in writing. They can also contact an advocacy organization or a local landlord-tenant attorney.
For the purposes of federal law, a renter may qualify as disabled if they have a mental impairment or physical condition that significantly impacts their ability to perform one or more major life activities.
