Housing Rights of Disabled Tenants
Understand
the laws that protect tenants with disabilities
From
the Nolo.com Landlord and Tenant Center
The federal
Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code §§ 3601-3619,
3631) prohibit discrimination against people who:
- have
a physical or mental disability that substantially limits one or more
major life activities -- including, but not limited to, hearing, mobility
and visual impairments; chronic alcoholism (but only if it is being
addressed through a recovery program); mental illness; HIV, AIDS and
AIDS-Related Complex and mental retardation
- have
a history or record of such a disability, or
- are
regarded by others as though they have such a disability.
Mental
or Emotional Impairments
If you had, have or appear to have mental or emotional impairments, you
must be evaluated and treated by the landlord on the basis of your financial
stability and history as a tenant, not on the basis of your mental health.
A landlord may reject you only if he can point to specific instances of
past behavior that would make you dangerous to others (such as information
from a previous landlord that you repeatedly threatened or assaulted other
residents). If you cannot meet the good-tenant criteria that the landlord
applies to all applicants (such as a minimum rent-to-income ratio), you
may be rejected on that basis.
Discriminatory
Questions and Actions
Landlords
are not allowed to ask you whether or not you have a disability or illness,
or ask to see medical records. Even if it is obvious that you are disabled
-- for example, you use a wheelchair or wear a hearing aid -- it is nevertheless
illegal to inquire how severely you are disabled. In short, your landlord's
actions and questions cannot be designed to treat you differently than
other tenants.
The
policy behind this rule is simple: No matter how well-intentioned, the
landlord cannot make decisions about where and how you will live on the
property that he would not make were you not disabled. For example, if
there are two units for rent -- one on the ground floor and one three
stories up -- the landlord must show both units to an applicant who uses
a wheelchair, however reasonable he thinks it would be for the person
to consider only the ground floor unit.
The
Rights of Disabled Tenants to Live in an Accessible Place: Accommodations
Landlords
must accommodate the needs of disabled tenants, at the landlord's own
expense (42 U.S.C. § 3604(f)(3)(B)). As a disabled tenant, you may expect
your landlord to reasonably adjust rules, procedures or services in order
to give you an equal opportunity to use and enjoy your dwelling unit or
a common space. Accommodations can include such things as parking: If
the landlord provides parking in the first place, providing a close-in,
spacious parking space would be an accommodation for a tenant who uses
a wheelchair.
Does
your landlord's duty to accommodate disabled tenants mean that you can
expect every rule and procedure to be changed at your request? No. Although
landlords are expected to accommodate "reasonable" requests, they need
not undertake changes that would seriously impair their ability to run
their business. For example, if an applicant who uses crutches prefers
the third-story apartment in a walk-up building constructed in 1926 to
the one on the ground floor, the landlord does not have to rip the building
apart to install an elevator. HUD would consider the expense to be unreasonable.
The
Rights of Disabled Tenants to Live in an Accessible Place: Modifications
Landlords
must allow disabled tenants 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. (42 U.S.C. § 3604(f)(3)(A).)
Disabled tenants have the right to modify their living space to the extent
necessary to make the space safe and comfortable, as long as the modifications
will not make the unit unacceptable to the next tenant, or if you agree
to undo the modification when you leave.
Examples
of modifications undertaken by a disabled tenant include:
- lowering
countertops for a wheelchair-using tenant
- installing
special faucets or door handles for persons with limited hand use
- modifying
kitchen appliances to accommodate a blind tenant, and
- installing
a ramp to allow wheelchair access to a raised living room.
These
modifications must be reasonable and made with prior approval. A landlord
is entitled to ask for a description of the proposed modifications, proof
that they will be done in a workmanlike manner and evidence that you are
obtaining any necessary building permits. In addition, if you propose
to modify the unit in a way that will require restoration when you leave
(such as the re-positioning of lowered kitchen counters), the landlord
may require you to pay into an interest-bearing escrow account the amount
estimated for the restoration. (The interest belongs to you.)
Proof
of Tenant Need for Accommodation or Modification
Landlords
are also entitled to ask for proof that the accommodation or modification
you have requested will address your needs. For some disabilities -- for
example, installing a ramp to accommodate a wheelchair -- the solutions
are obvious. But other disabilities, especially mental ones, are not obvious,
and their accommodation isn't either -- for example, removing doors to
accommodate a person who is fearful of closed spaces. Without some proof,
your landlord has no way of knowing whether your request is legitimate
or a ruse to obtain special treatment.
If
you want a specific accommodation or modification and your disability
is not obvious (or if you anticipate an argument with your landlord regarding
the necessity of what you have proposed), have your proof ready before
you make your request. Ask your physician or therapist for a letter attesting
that what you are asking for will meet your needs. To protect your privacy,
carefully explain to the physician or other writer that he need not explain
the disability; he need only certify that the changes you would like are
appropriate to your situation.
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