Disabled Tenant Applicants
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More than 15 % of the population in the United States is currently classified as disabled, according to the federal government. All individuals with disabilities now have a right to equal housing opportunities under both the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) of 1990.
Under the federal Fair Housing Act, a landlord may not discriminate against any protected class, which includes a handicapped tenant applicant.
The purpose of the ADA is to end any kind of discrimination and bring the disabled into the mainstream, so that they can enjoy a quality of life comparable to that of non-disabled individuals.
Under the ADA, the property owner must make economically feasible "reasonable accommodations" and "reasonable modifications" for disabled tenants.
Who Is Considered Disabled?
Under the law, a disability is defined as "a physical or mental impairment that substantially limits one or more of life's major activities (e.g. walking, talking, hearing, speaking, working, and so forth); a record of such impairment; or being regarded as having such an impairment."
Disabilities include both mental and physical impairments and even illnesses. The following groups are covered under the law:
- Individuals who are currently sick or disabled;
- Individuals with a record of an impairment (e.g., someone who has undergone treatment for a disability but who has successfully completed treatment and is no longer disabled);
- Those who are perceived to have an impairment (e.g., an individual who was erroneously thought to have a drug or alcohol problem);
- Individuals related to or associated with persons with disabilities, e.g. children or parents of a disabled individual.
There is some confusion about how the ADA affects persons with alcohol or drug problems. Those who are currently abusing drugs or alcohol are believed to be not covered by ADA. But if they have ceased using these substances and are in recovery, they are protected by the law.
Accommodating the Disabled Under ADA
The American's with Disabilities Act states that architectural and communication barriers must be removed from public accommodations.
It is against the law to deny a disabled person "full and equal enjoyment" of public accommodations.
Rental housing is covered by ADA in the following ways:
Public areas. For the residential property owner, this means the common areas of the rental property. Under ADA, the hallways, elevators, laundry rooms, recreation areas, parking lots and other common areas must be accessible to the disabled.
Major alterations. Any time common areas are to be renovated in a major way, like moving walls or making structural changes, the alterations must not interfere with a disabled person's ability to use the area when completed.
New construction. Under ADA, new buildings constructed after March 1993 must be accessible to the disabled. See the New Building Page
If a property owner is planning major alterations or new construction, they must follow the ADA's new construction specifications. The specs contain detailed requirements for stair ramps, doorways, elevators, drinking fountains, lavatories, telephones, hallways, aisles, and other building components. Strict compliance is required.
To ensure compliance, and to avoid expensive retrofitting, property owners may wish to use an ADA consultant; it is also wise to make sure that contractors and architects are familiar with the law's requirements
Applying rules and policies; providing services.
The landlord must make sure that their rules and policies are flexible enough to accommodate the disabled. In addition, building services such as trash collection, or even recreation, must be provided in a manner that allows full and equal access by the disabled.
The law requires the landlord to apply rules, policies, and practices, and provide services in a manner that permits full and equal enjoyment by a disabled tenant. This is known as "reasonable accommodation."
For example:
Some landlord's assign covered parking spaces or those nearest the building on a seniority basis; long term tenants have priority over more recent occupants. It would be a reasonable accommodation to relax the parking policy for a handicapped tenant.
Other examples of reasonable accommodations might include:
- Ramps.
- Installing braille labels and floor beepers in elevators for the vision-impaired.
- Enabling a speech-impaired tenant to communicate in writing.
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