Rental Housing Rights for Tenants with Disabilities

Rental Housing Rights for Tenants with Disabilities

Blog ImageMost people have probably heard about the Americans with Disabilities Act of 1990 but people have no idea how to comply with the law when working with tenants for rental property.

As a landlord you may feel you do not have to provide what is being requested, and a tenant may feel you do have to provide the accommodation requested. Who is correct?

Findlaw.com gives the following answer;

Disabled tenants may request the landlord make reasonable accommodations to rules, policies, practices, or services when it will afford the person equal opportunity to use and enjoy the rental unit and the common and public areas. There must be a relationship between the modification and the disability. Reasonable requests include the permission to use a service animal, permission to mail a rent payment rather than personally delivering it to the rental office, or a request to have a parking space large enough for wheelchair access. A landlord does not have to make accommodations for a reasonable request that is unrelated to a tenant’s disability or for a request that is not reasonable because it will cause an undue financial and administrative burden on the landlord. However, when a request is unreasonable, HUD requires the landlord and the tenant to proceed in an “interactive process” to reach a reasonable compromise. –

As you can see from the explanation above this can be tricky to sort out the best course of action to avoid potential lawsuits. It is best to work with a experienced property manager or have an attorney that can assist you when working through these types of situations.

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