RENTAL PROPERTY: COMPLYING WITH THE AMERICANS WITH DISABILITIES ACT (ADA)

Living with a disability can create challenges in finding a place one can call home. Everyone deserves a safe and accessible place to live. It’s important for landlords and property managers to understand tenants’ rights and needs, and how to provide accessible housing for handicapped tenants.

There are several laws and resources available to protect all tenants, but for this article, we’ll look at the Americans with Disabilities Act (ADA). Here’s our take on how to make your rental property ADA compliant!

BRIEF HISTORY

According to the ADA National Network, the Americans with Disabilities Act is a:

“Civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.”

This law basically states that, despite being faced with a disability, these individuals share the same equal rights and opportunities with the general populace. The law became official in 1990 and its guidelines differ based on the property’s construction date. 

Pre-ADA

Rental properties built before the Act went into effect (before January 26, 1990) receive a different treatment than those built after. These guidelines include rental properties, and public areas of apartment communities. These communities must remove any barriers to accessing all of the public areas. The removal of these barriers should be accomplishable without much difficulty or expense. Some recommendations could be adding curb cuts to entryways or sidewalks, widening doors, or limiting high pile carpets.

Post-ADA

Rental properties and apartment buildings built after the Act took effect need to fully comply with the ADA for easy access to public areas, as well as the unit, or home itself. In an apartment building, this means that there should be at least some handicap-accessible units in your property. For example, light switches should be placed lower for easy access from a wheelchair. The same applies for the level of counter tops and sinks. Usually, counter tops are situated 36 inches off the ground. But to comply with these guidelines, they should be no more than 30 inches from the ground. This design involves removing cabinets off from under the sink to make them wheelchair-accessible. 

REASONABLE ACCOMMODATION vs REASONABLE MODIFICATION

Understanding the difference between the two is a must for both landlords and property managers in order to comply with Fair Housing. This understanding gives your tenants the full pleasure of living under your rental property or unit.

Reasonable Accommodations

By definition, accommodations are changes or adjustments. In terms of property management, a tenant who suffers a disability may request the nearest parking spot to the property or accept a service animal despite having a “no pet policy”. This allows them to fully enjoy the use of the rental unit without having to endure hardship. In this case, landlords are fully responsible for reasonable accommodations at their own cost.

Reasonable Modifications

Modifications mean making structural changes to the rental unit. A good example would be adding a support bar to the bathroom for easy access. Unlike reasonable accommodations, tenants are fully responsible at their own cost. In such adjustments, your tenants must prove to be financially capable to undo any changes that would prevent a future tenant living in the same unit, after they move out. The only exception to the rule is when the modification is one that should have been done to make the rental unit ADA compliant. In such a case, the landlord or property manager would be financially responsible for the modification.

ASKING THE RIGHT QUESTIONS

If you’re planning to rent your property to a prospective tenant suffering with a disability, it’s important to know what questions you are allowed to ask – and which ones you’re not. In a nutshell, you are not allowed to inquire about the medical aspects of the tenant’s disability, to prove if they have a disability, or how such a disability affects their life. Some questions you are NOT allowed to ask are:

“Do you have a disability?”

“Can you prove that you have a disability?”

“How did you end up in a wheelchair?”

“Are you taking any medications?”

“Is this going to affect your ability to pay the rent?”

You can always ask reasonable questions as long as they are in line with the need for modifications or accommodations. For instance, once the tenant requests accommodations, after they’ve signed the lease, you can ask for evidence, if their requests can make the rental unit more functional for them. 

The questions to be asked can also be based on the obvious need of the tenant. An example of an obvious need would be the installation of a ramp for a tenant who uses a wheelchair. In this case, you shouldn’t be asking them whether they need one or not. As long as the disability is less apparent, you may request information that verifies their need of modifications or accommodations. 

Living with a disability is already hard enough for handicapped tenants; landlords and property managers shouldn’t make it any harder for them. Running a rental management business involves making your property available and accessible to all prospective tenants. By complying with the ADA, not only are you doing the right thing, ADA compliant homes create higher rents, and longer term tenants. Our team at ProWay Property Management aims to do so and makes sure to address any, and all concerns that our tenants make. To learn more about our services, contact us at (734) 744-5080 or reach out to us at [email protected].