If you’re looking for a place to rent or already renting and you have a disability, you’ll want to make sure that you’re aware of the laws and regulations that your landlord or your property manager needs to follow. Learn about disabled renters’ rights, what your landlord can and cannot ask you, what constitutes a reasonable modification, and how to find an accessible apartment.
What are disability housing rights?
Apartments and landlords are required under most cases to comply with the Fair Housing Act, which gives all renters the same housing rights, regardless of physical ability status, race, gender, religion, or familial status. It prohibits discrimination based on these categories.
Under the Fair Housing Act, if you have a disability, landlords are required to set the same terms for renting an apartment to you as they would for any other renter. They are also responsible for making reasonable modifications for renters with disabilities.
Note that the Americans with Disabilities Act does not apply to residential buildings. This act is connected with public spaces, such as libraries, offices, stores, and restaurants. However, if you live in a building complex, amenity spaces, the leasing office, and other publicly accessible spaces are subject to the ADA requirements.
Who is considered a person with a disability?
A person with a disability is defined by federal law as someone who has:
- “A physical or mental impairment that substantially limits one or more major life activities of such individual”
- Someone who has a record of this type of impairment
- Someone regarded as having this type of impairment
Examples of such disability include, but are not limited to, the following:
- Visual impairments
- Mobility impairments
- Hearing impairments
- Severe intellectual disability
- Mental illness
- HIV, AIDS, and AIDS-related complex
The term “major life activities” encompass the activities that are a large part of everyday life, such as breathing, walking, hearing, seeing, speaking, learning, and caring for oneself.
State laws concerning disability housing rights also may vary. Consult your local laws to learn more. For example, some states include people with temporary disabilities under fair local housing laws.
What is a reasonable modification?
As we’ve noted, your landlord is responsible for any reasonable modifications that need to be made for tenants with disabilities rights under the Fair Housing Act. Reasonable modification means alterations to a living space necessary to allow a renter with a disability to use the housing space fully. For example, installing a ramp, lowering a closet rod, or installing bathroom grab bars may be reasonable modifications.
As a renter, you may request reasonable modifications and accommodations from your landlord or property manager before moving into an apartment. For example, you may want to ask for a parking spot with space to accommodate a wheelchair, the ability to mail your rental payments to your landlord instead of handling them in person, or permission to have a service animal on the property.
However, you must demonstrate a direct link between the requested accommodations or modifications and your disability. Your landlord can ask for proof that the accommodations are necessary if your disability is not apparent. Your landlord may also request that the apartment be restored to its original condition when you move out if the modifications would significantly affect the next renter’s use of the property.
You are not required to submit requests for reasonable accommodations in writing. It is always good practice to keep a written record of communication with your housing provider, whether you decide to keep copies of letters you send to the provider or send communication by certified mail.
A modification that places an undue burden on a landlord may be considered unreasonable. For example, requesting that a small building install an elevator would likely be considered unreasonable for a landlord due to financial reasons.
What about service animals?
Trained service and assistance animals are included under the reasonable accommodations that a landlord or property manager must make for tenants with disabilities. Under the Fair Housing Act, properly trained service animals are protected, even if a landlord usually does not allow pets. However, landlords may deny service animals if these animals are not house trained, become out of control, or pose a safety threat.
Service animals, such as dogs and miniature horses, are trained to perform tasks for people with disabilities. Assistance animals include emotional support animals. You can provide your landlord or a property manager with a letter from your doctor or therapist demonstrating that you need a service or assistance animal.
Can my landlord ask for information about my disability?
Generally speaking, it’s illegal for landlords or property managers to ask renters whether they have a disability or inquire about the nature or severity of their disabilities. Landlords are also required to keep confidential any information you share with them voluntarily about your disability unless otherwise required by law.
If you ask for reasonable accommodations or modifications, your landlord can ask for information directly relevant to evaluating the request, including verifying the relationship between the disability and the requested accommodation. However, your landlord may ask only for information directly about this evaluation. A medical professional or service agency can provide this information for you, as can a reliable third party who knows about your disability or a peer support group.
How do you find an accessible apartment for your needs?
If you’re on the hunt for an accessible apartment, research the area you’re considering so that you can make sure it’s accessible. For example, you may need to check whether public spaces and sidewalks in the neighborhood are accessible. Use Zumper’s apartment finder resources with accessibility filters to find an apartment that meets your needs. With Zumper, you can request a tour and submit your rental application to the property you desire online.
Ready to start your apartment hunt? Search thousands of accessible apartments for rent on Zumper and find the perfect one for you.
Cover image via iStock.com/traveler1116
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