Navigating the world of renting is always a challenge. Affordable and accessible housing is a core component of independent living in America. Still, persons with disabilities face insurmountable odds at times of finding housing that can accommodate them. So what rights do tenants have when advocating for accessible accommodations in housing? We review the rights of tenants in reasonable accommodation and housing.
Tenants have the right to be free from discrimination
Tenants have the right to not face discrimination on the basis of their disability. This is in accordance with the Americans with Disabilities Act (ADA). Disabilities in this context include but are not limited to:
- Mobility impairments
- Audio/Visual impairments
- Mental illness
- Chronic alcoholism (so long as there is treatment involved)
- Intellectual Disability
Discrimination is defined as the unjust or prejudicial treatment of different categories of people, including disability.
For example:
Tom, who uses a wheelchair, wants to rent an apartment but finds that the parking lot has no accessible parking spaces, the doors to enter the office building are too narrow, and the door is too heavy. The landlord cannot refuse to rent to him because accommodation will need to be made to ensure he can access the property.
Discrimination also includes having one’s disability considered during the rental application process. A tenant can not be rejected from the application process on the basis of their disability. Landlords must hold applicants with disabilities in equal standing as those without disabilities.
It is appropriate for the rental history of a tenant to be taken into account. For example, an applicant may have a rental history of unpaid rent or willful property damage. It is within reason and acceptable to take this information into account. An applicant’s disability status, however, is not a permissible consideration.
Tenants have the right to accessible housing
Tenants with disabilities are entitled to a living space conducive to their needs. Apartments are made accessible through the implementation of reasonable accommodations and modifications.
Accommodations are changes in rules, policies, or practices to make an apartment accessible. Common accommodations are convenient parking spaces, service animals, and accessible routes into the unit.
Modifications are changes to the physical structure of a unit for the sake of accessibility. Examples may include widening doorways, lowering countertops, and installing ramps or rails. Tenants are typically expected to pay for the cost of modifications.
It should be noted that landlords are permitted to ask for proof that accommodations or modifications will be are necessary to benefit the needs of a tenant.
Tenants may be eligible for funding through HUD
Some renters with disabilities may find themselves in situations where the cost of rent in their area is untenable. Luckily, the United States Department of Housing and Urban Development has programs that can assist with the cost of housing for eligible individuals. HUD has five main assistance programs.
- Section 811 Supportive Housing for Persons with Disabilities Program
- Public Housing
- Section 8 Voucher Program
- Section 8 Rental Assistance Program
- Section 202 Supportive Housing for the Elderly Program
You can learn more about these programs by visiting the Department of Housing and Urban Development's website.
Tenants may file a complaint with HUD
If a tenant has reason to believe that they have been discriminated against on the basis of disability, they are eligible and encouraged to file a complaint through HUD.
Consider, for example, that a tenant complains that their landlord is raising the cost of rent due to modifications made to improve accessibility. When HUD receives a complaint, they check the complaint against its laws and mandates. This particular complaint seems to reflect a violation of the tenant’s rights. As such, HUD would then assign an investigator to gather more information on the case. The investigator will hear testimony from the tenant as well as from the landlord.
Throughout the investigation process, the HUD representative will attempt to help both parties resolve the conflict through an agreement. In this case, they may let the landlord know of the legal standards that insist that the landlord not raise the rent of the building. If neither party can reach an agreement, the complaint could result in legal action.
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