Zoe Alvarez
Renting to disabled tenants comes with a unique set of considerations for landlords, who must navigate legal requirements and make reasonable accommodations to ensure their tenants can live comfortably and safely. While landlords cannot discriminate against disabled tenants, they are also not obligated to make unreasonable changes that would impair their ability to run their business. This fine line between tenant rights and landlord obligations presents a complex dynamic that both parties must understand to ensure a mutually beneficial living situation.
Characteristics and Values
| Characteristics | Values |
|---|---|
| Landlord's duty | Accommodate tenants with disabilities and allow them to make reasonable modifications to their living unit or common areas at their expense. |
| Landlord's rights | Refuse to install an elevator in a small building as it is an unreasonable modification that places an undue burden on the landlord. |
| Tenant's rights | Request reasonable accommodations, such as a service animal, without paying a pet deposit or rent for the animal. |
| Tenant's rights | Apply for and live in a rental unit regardless of their disability. |
| Tenant's rights | Pay rent late each month due to receiving social security income (as per a Michigan federal court case). |
| Tenant's rights | Not disclose their medical history or give specifics of their disability when requesting accommodations. |
| Tenant's rights | Receive financial assistance and advocacy from organizations like Accessible Space and Volunteers of America. |
| Landlord's rights | Require the tenant to restore the unit to its original condition when they move out, except for "Universal Design elements." |
| Landlord's rights | Be paid rent and receive it on time, although accommodations can be made regarding how and when the rent arrives. |
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What You'll Learn
Landlords cannot discriminate against disabled tenants
Landlords must treat disabled applicants and tenants like any other applicant or tenant without disabilities. They are not allowed to request medical records or ask direct questions about an applicant's disability. They cannot guide a disabled tenant to a specific unit or ask if they are capable of independent living. Landlords also cannot require a pet deposit or pet rent for a service animal, nor can they charge extra fees or higher rent due to the tenant's disability.
Landlords must allow tenants with disabilities to make reasonable modifications to their living unit or common areas at their expense if needed for the person to comfortably and safely live in the unit. For example, a tenant may request to install special door handles, wheelchair ramps, or faucets. Landlords may require the tenant to restore the unit to its original condition when they move out, except for "Universal Design elements" such as ramps that are considered permanent additions.
Disabled tenants have the right to request reasonable accommodations to lease terms or rental policies. This could include changes to how or when rent is paid, such as allowing a tenant to pay rent in person each month instead of by mail. Landlords must comply as long as the accommodation is reasonable and does not place an undue burden on them. However, requests for policy accommodations cannot change the basic rights of a landlord, such as the right to receive rent payments.
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Tenants can request reasonable accommodations
- Adjustments to rental policies, standard rental rules, and/or rental services. For example, a tenant may request to pay their rent in person or for the landlord to collect it, rather than sending it by mail.
- Structural changes to the property, such as widened doorways for wheelchair users or the installation of grab bars in the bathtub.
- Modifications to kitchen appliances, such as adding braille stickers to toasters or refrigerators.
- Sound improvements, such as visual-alerting or vibrating fire or carbon monoxide alarms for those with hearing difficulties.
It's important to note that tenants should put all requests for reasonable accommodations in writing and that these requests cannot change the basic rights of a landlord, as specified in tenant-landlord laws. Landlords are not required to make accommodations that would seriously impair their ability to run their business, such as installing an elevator in a small building.
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Landlords can't ask for specifics about a tenant's disability
Landlords must treat disabled applicants and tenants like any other applicant or tenant without a disability. Landlords are prohibited from requesting medical records or asking directly about a tenant's disability. They cannot ask discriminatory questions such as whether their disability will prevent them from paying rent each month, if they are taking any prescribed medications for their disability, or if they have the capacity to live independently.
Landlords are also not allowed to ask for proof of disability when renting to disabled tenants. The only exception to this rule is when a tenant is requesting that a landlord make certain modifications or accommodations to the property based on their disability. In this case, the landlord may request proof of disability and a description of the proposed modifications. However, they cannot require a certain type of construction, colour, contractor, or plan for a modification. If a landlord wishes to make a more expensive modification to meet aesthetic concerns, they must still meet the tenant's needs and cover the additional costs.
If the disability is obvious and the need for accommodation is apparent, the landlord may not ask for further verification. However, if the disability is obvious but the need for accommodation is unclear, the landlord may request information to evaluate the disability-related need. For example, a person with a visual impairment who has an emotional support cat. If both the disability and the need for accommodation are unclear, the landlord may request documentation of the tenant's disability and disability-related need for accommodation.
Landlords may not discriminate against or refuse to rent property to a person because of their disability, except in cases where there is a mental impairment that poses a serious risk of threat to the safety of other tenants. Landlords also cannot harass a person because of their disability or provide different housing services or facilities based on ability.
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Landlords must allow tenants to make reasonable modifications
Landlords are expected to accommodate "reasonable" requests, but they are not required to make changes that would significantly impair their ability to manage their business. Landlords must allow tenants with disabilities to make reasonable changes to their living space or communal areas at their own expense if it is necessary for them to live comfortably and safely in the unit.
Tenants with disabilities have significant protections when they rent living space. To take advantage of these protections, tenants with disabilities need to be aware of the laws governing how much information a landlord is entitled to as well as which requests for accommodations are reasonable and which are not. Landlords are required to give proper consideration to all reasonable accommodation and modification requests, even if they are not made in writing. It is the landlord's responsibility to determine whether a tenant is requesting a change in rules, policies, practices, or services due to a disability.
Tenants with disabilities can request reasonable accommodations for an animal to treat their disability, and landlords should treat the animal as a piece of medical equipment. Tenants can be asked to pay for any damage the animal causes to the unit. Landlords cannot require a pet deposit or pet rent for a service animal, charge extra fees or higher rent because of the tenant's disability, or inquire about the nature or severity of their disability. Landlords are only permitted to ask for proof of disability when the tenant is requesting accommodations or modifications to the property.
Tenants can request upgrades or modifications such as new appliances or safety features, but any agreement should be in writing to avoid disputes. Most leases and rental agreements require the landlord's written consent before making improvements or alterations to a rental unit. Tenants can request safety upgrades like window guards, deadbolt locks, or updated smoke detectors, as well as accessibility modifications. Landlords may impose restrictions based on safety or preserving the historical integrity of the property.
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Tenants may be able to pay rent late each month
Tenants with disabilities are entitled to certain rights and protections under the law. The Americans with Disabilities Act (ADA) prohibits discrimination in all areas of public life, including housing environments. This means that landlords cannot refuse to rent or negotiate housing with a disabled applicant, nor can they provide different services or facilities based on ability. Landlords also cannot charge extra fees or higher rent due to a tenant's disability.
While landlords are required to allow tenants to make reasonable modifications to their living space to accommodate their disability, tenants may be required to pay for these modifications. However, tenants may be able to seek a "reasonable accommodation" to pay their rent late each month due to their disability. For example, federal courts have decided that paying rent late due to receiving social security income is a reasonable accommodation.
Tenants should put all requests for reasonable accommodations in writing and seek help from relevant resources if needed. While landlords are expected to accommodate "reasonable" requests, they are not required to undertake changes that would seriously impair their ability to run their business. For instance, a landlord does not need to install an elevator in a small building as this would be an unreasonable request.
It is important for tenants with disabilities to familiarize themselves with their rights and the laws regarding reasonable accommodation requests. This includes understanding how much information a landlord is entitled to and what constitutes a reasonable request. By knowing their rights, tenants can ensure they are able to find a safe, comfortable, and affordable living space that meets their needs.
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Frequently asked questions
There are various laws concerning disability and housing that protect tenants and highlight the responsibilities of landlords when renting out their properties to disabled tenants. The ADA prohibits discrimination in all areas of public life against individuals with disabilities, including housing environments. The ADA also gives disabled tenants the right to have an equal opportunity to enjoy and use their rental property. Landlords must allow tenants with disabilities to make reasonable modifications to their living unit or common areas at their expense, if needed for the person to comfortably and safely live in the unit.
Examples of reasonable modifications include widened doorways for tenants who use a wheelchair or walker, sound improvements for tenants with hearing difficulties, and modified kitchen appliances for tenants with impaired vision.
Landlords are not allowed to ask for proof of disability when renting to disabled tenants. The only exception is when a tenant is requesting that the landlord make certain modifications or accommodations based on their disability. In this case, the landlord can ask for proof that the tenant has a covered disability, that accommodations are necessary, and that the proposed accommodations will help the tenant live in the unit as a non-disabled tenant would.
No, landlords cannot charge extra fees or higher rent because of a tenant’s disability. They also cannot require a pet deposit or pet rent for a service animal.
