Disabled Tenant Applicants

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The below topics are discussed in more depth
  on our members' Disabled Tenant Applicants page.

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    More than 15 % of the population in the United States is currently classified as disabled, according to the federal government. All individuals with disabilities now have a right to equal housing opportunities under both the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) of 1990.

      Under the federal Fair Housing Act, a landlord may not discriminate against any protected class , which includes a handicapped tenant applicant.
       The purpose of the ADA is to end any kind of discrimination and bring the disabled into the mainstream, so that they can enjoy a quality of life comparable to that of non-disabled individuals.
      Under the ADA, the property owner must make economically feasible "reasonable accommodations" and "reasonable modifications" for disabled tenants.

Who Is Considered Disabled?

      Under the law, a disability is defined as "a physical or mental impairment that substantially limits one or more of life's major activities (e.g. walking, talking, hearing, speaking, working, and so forth); a record of such impairment; or being regarded as having such an impairment."
       Disabilities include both mental and physical impairments and even illnesses. A number of groups are covered under the law .

Accommodating the Disabled Under ADA

     The American's with Disabilities Act states that architectural and communication barriers must be removed from public accommodations.
      It is against the law to deny a disabled person "full and equal enjoyment" of public accommodations.

Rental housing is covered by ADA in the following ways:

Public areas. For the residential property owner, this means the common areas of the rental property.

Major alterations. Any time common areas are to be renovated in a major way, the alterations must not interfere with a disabled person's ability to use the area when completed.

New construction. Under ADA, new buildings constructed after March 1993 must be accessible to the disabled. See the New Building Page

      If a property owner is planning major alterations or new construction, they must follow the ADA's new construction specifications . The specs contain detailed requirements for stair ramps, doorways, elevators, drinking fountains, lavatories, telephones, hallways, aisles, and other building components. Strict compliance is required.

Applying rules and policies; providing services.

      The law requires the landlord to apply rules, policies, and practices, and provide services in a manner that permits full and equal enjoyment by a disabled tenant. This is known as "reasonable accommodation." .

The above topics are discussed in more depth
  on our members' Disabled Tenant Applicants page.

Non-Members' Homepage