As a landlord, you must learn and keep in mind the legal obligations of disabled tenants or potential tenants with a disability. It is crucial to prioritize inclusivity and adhere to federal laws that protect individuals with disabilities in the housing sector.
In this blog, we will explore some considerations for landlords renting to disabled tenants:
1. US federal laws that safeguard disabled tenants:
The American Disability Act (ADA) prevents discrimination against people with disabilities in both public and private services, including housing and financial support. Title III of the ADA requires that all public accommodations, including rental properties, be made accessible to people with disabilities.
The Fair Housing Act (FHA) is a law that prevents discrimination in housing based on disability and other characteristics that are protected by federal law. It’s against the law, according to the FHA, to deny someone a rental or offer different conditions because of a disability.
Who is considered a person with a disability?
According to federal laws on non-discrimination, a person with a disability is someone who either: (1) has an impairment that severely limits one or more major life activities, (2) has had such impairment in the past, or (3) is seen as having that impairment.
A physical or mental impairment can refer to many conditions, including orthopaedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV, developmental disabilities, mental illness, substance addiction, and alcoholism. Please note that this list is not exhaustive.
2. Reasonable Accommodations and Modifications:
Landlords must make reasonable accommodations and modifications to ensure that people with disabilities are able to access housing equally according to FHA regulations.
Reasonable accommodations change rules, policies, or practices, while modifications are physical changes to the property. Examples of reasonable accommodations include providing a reserved parking space or allowing a service animal in a building that has a “no pets” policy.
Modifications may include adding grab bars to the bathroom or making doorways wider for wheelchairs.
Related: Understanding “no pet” policies
3. Accessible Design and Construction:
When building or improving rental properties, it’s essential to adhere to the accessibility regulations established by the Americans with Disabilities Act (ADA) and the Fair Housing Act Design Manual. These standards address accessible features like entrances, doorways, hallways, parking, and common areas. Follow these guidelines to make sure your property can be accessed by people with disabilities.
4. Communication and Documentation:
Maintain clear and open communication with potential tenants. Provide accurate and detailed information about the accessibility features of your property, such as accessible entrances, ramps, elevators, or accessible parking spaces. Make this information readily available to prospective tenants to help them make informed decisions. Documenting the accessibility features and any reasonable accommodations provided can serve as evidence of compliance with fair housing laws.
5. Non-Discrimination in Tenant Screening:
When screening potential tenants, it is important to avoid discriminatory practices that may disproportionately impact individuals with disabilities. Create standards that can be used equally for all applicants and concentrate on their ability to fulfill lease necessities instead of their impaired condition. Make sure that your application process is accessible to people with disabilities and doesn’t prevent them from applying or providing the required documentation.
Related: 5 words to avoid in fair housing advertising and marketing
6. Training for Staff:
Train your property management team and staff on fair housing laws, disability awareness, and the best ways to accommodate individuals with disabilities. This training helps your staff understand how to deal with tenants who have disabilities, answering their questions and requests in a polite and legal way.
7. Consultation and Resources:
Seek guidance from relevant resources such as the U.S. Department of Housing and Urban Development (HUD), disability advocacy organizations, and Compliance Prime.
Related: How to stay aware of the latest fair housing guidelines
Conclusion:
It is crucial for landlords to comply with US federal laws and provide inclusive housing for individuals with disabilities. Failing to do so is not only illegal but also morally wrong. To ensure that everyone has equal access to housing, landlords must take proactive steps to accommodate the needs of their disabled tenants. This includes providing reasonable accommodations, making necessary modifications to rental units, and taking into account the unique needs of each individual. By doing so, we can create a society that is more equitable and inclusive for all.
