Examining the Responsibilities of Landlords and the ADA

The Americans with Disabilities Act (ADA) mandates nondiscrimination on the basis of disability. This includes providing and permitting reasonable accommodation and modification upon request. Disabilities in this context may include but are not limited to:

• Mobility impairments
• Intellectual/Cognitive/Learning differences
• Audio/Visual impairments
• Mental illness
• Recovering alcohol or drug abuse

We examine the responsibilities of landlords. 

To not discriminate

Landlords have a responsibility to not discriminate. This means, for example, that a potential tenant’s application for rent cannot be denied on the basis of disability. 

But discrimination is more than excluding people from renting. It’s any type of action that isolates or others a person on the basis of age, race, ethnicity, familial status, gender, sex, or disability.

Discrimination is defined as the unjust or prejudicial treatment of different categories of people, including those with disabilities. 

For example, landlords cannot charge tenants additional fees on the basis of disability − i.e. if the tenant requests an accommodation or modification. Though tenants may be responsible for the cost of a modification, landlords are not permitted to raise the price of rent or service fees as a result.

Accommodations

Landlords are obligated to consider a tenant's request for reasonable accommodations. Accommodations are changes in rules, policies, or practices so that a tenant with a disability can live in or use a housing unit. Examples of accommodations include the following:

• Appropriate Parking Spaces − depending on the mobility of tenants, they may be eligible for an off-street parking space or a convenient designated space in any shared parking lot.
• Service Animals − a tenant may require the support of a service animal. This can range from a guide dog for visual impairment to an emotional support animal. 
• Accessible changes to the unit − a common accommodation is to allow modifications that increase accessibility. 
• Policy Modification − this may include moving rent due dates by a day or two to coincide with SSI/SSDI for low-income tenants or allowing a tenant to use a more accessible entrance to enter the building. 

To permit modifications

In addition to accommodations, landlords are responsible for considering requests for reasonable modifications. Modifications are changes to the physical structure of a unit (for the sake of accessibility in this context). Standard apartment modifications include:

• Wheel Chair Ramps
• Wider doorways for wheelchairs
• Lower countertops for easy access
• Grab bars in the bathroom and shower
• Personal alarm systems so that the tenant can easily request help in case of an emergency

Typically, tenants are responsible for these types of modifications, but there are exceptions. It's best to consult a professional in your municipality to ensure you are complying with all applicable laws and regulations. 

Keep up to date with HUD

Landlords should frequently consult the policies of the US Department of Housing and Urban Development (HUD). This includes keeping up to date on HUD’s accessibility standards. The HUD website has an extensive list of standards, rights, and legislation that can be easily accessed.