Concerning Renters with Disability

by Andrea West


Posted on 2017-08-14 10:41:11


Recently, we published an article that reviewed Fair Housing for landlords. This article is a continuation of that one and will go over the Disabilities section of that statute.

The Disabilities section is interesting in that it has more rules and seeming grey areas than the other sections of Fair Housing.


Who is Protected Under Disability?
Persons with a physical or mental disability. This can include hearing, mobility, and visual impairment, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation.

This does not cover those who may be a ‘direct threat to the health or safety of others or who currently use illegal drugs.’


Allowances for Disability
As a landlord, you know that it is within your rights to refuse tenant alterations to your units. But did you know this doesn’t exactly apply to tenants with disability? This is one of the rules that has lots of grey, fuzzy lines. For example-

  • Landlords may not refuse tenants with disability to make reasonable modifications to dwellings and common use areas 
              But             
  • Those changes must be necessary for them to be able to use the housing.

  • You as the landlord can require these tenants to restore the property to its original condition
               But
  • This stipulation can only be required on reasonable terms.

  • Your building may be older and the setup not ideal for persons with disability
               But
  • You are not allowed to ‘refuse to make reasonable accommodations in rules, policies, practices, or services if necessary for the disabled person to use the housing.’

Like I mentioned, the wording comes off a bit muddy, so it’s recommended to read about Reasonable Accommodations Under the Fair Housing Act.

New Buildings
I guess those who drew up Fair Housing realized that it’s hard to backtrack and fix problems to already existing buildings, so they wrote up a list of requirements that only count for rental housing built after March 13, 1991. It also only applies to buildings with four-plus units and an elevator.

  • All common areas must be accessible to those with disabilities. This includes hallways and doors that must be wide enough for wheelchairs.
  • All units must have an accessible route to the unit; all controls, such as light switches, must be easily accessible; kitchens and bathrooms must easily allow for disability accommodation (like reinforced walls so handrails can be put in).

Examples of Application
Discrimination - Persons with disability are covered under Fair Housing. This means you cannot ask rental applicants if they have a disability. You are, however, allowed to ask if they will need disability accommodation as long as this is a question you ask every single applicant, though you cannot decline them based on their answer. Mostly, the purpose of this question is to let the landlord know that the applicant would be a good fit for a unit that may already be equipped for persons with disability.

Reasonable Accommodation - wheelchair ramps, service animals even if you have a no-pets policy, support rails by toilets and in showers, reserved parking space near the building even if there is no reserved parking, or lower entry threshold of a unit.


Information for this article was taken from the HUD Fair Housing website. You can also read the pages on People with Disabilities and Reasonable Accommodations for a better understanding of what is required of you as a landlord.


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