People with disabilities have renters’ rights under the federal Fair Housing Act and Fair Housing Amendments Act. In general, when a disabled person is seeking a rental, a landlord cannot ask if he or she has a disability. The landlord must also provide reasonable modifications at his or her own expense to the living unit to meet the needs of the tenant.
Defining Disability
The federal Fair Housing Act and Fair Housing Amendments Act defines disabled persons as individuals who have, have had, or are regarded to have a mental or physical condition that substantially limits one or more major life activity, including but not limited to hearing impairments, visual impairments, mobility impairments, and chronic alcoholism (if it is being addressed through a recovery program).
Individuals with those qualifying conditions should know their rights when dealing with landlords, lest they fall prey to illegal or immoral treatment.
What Landlords Cannot Do While Assessing Potential Tenants
Under federal law, a landlord cannot ask a prospective tenant if he or she has a disability or request to see medical records. Even if the person’s disability is obvious, the landlord is breaking the law if he or she allows that information to determine whether the tenant is approved for a rental.
There are some questions a landlord can ask, such as if:
- The applicant can meet the requirements of tenancy
- The applicant is addicted to or abuses an illegal controlled substance
- The applicant qualifies for a unit only available to people with a disability or a particular disability
Accommodations the Landlord May Give at His or Her Own Expense
Under federal law, landlords must deliver at their own expense accommodations for people living with a disability. Landlords may change rules, procedures, or services to give a disabled person an equal opportunity to use and enjoy the dwelling.
However, this does not mean they must pay for expensive changes that would disrupt their business, such as installing an elevator. The law says they must allow for “reasonable” accommodations.
Reasonable accommodations could include permission to use service animals or a parking space large enough for wheelchair access. The accommodation must be related to the individual’s disability, meaning, for example, a person with paraplegia might qualify for a parking space near the entrance, but someone with depression might not.
Accommodations the Disabled Person May Cover
Although a landlord does not have to pay for unreasonable changes to the living unit, a disabled tenant does have the right to pay for modifications that, if he or she were not disabled, would go against typical landlord-tenant arrangements. The changes could include specialized door handles, a wheelchair ramp, and lower countertops.
Changes to the dwelling must be approved by the landlord, which in some cases means the tenant must provide proof of his or her disability and an explanation for why the modification is necessary. A dispute with a landlord could emerge if the two are unable to decide if the change is truly required. In those instances, the disabled person may want to seek legal assistance in handling the disagreement.
