Generally speaking, renters who have a disability are legally entitled to certain rights when it comes to renting property. For instance, a disabled renter may request that a landlord make reasonable accommodations for them. Examples include giving them a parking spot that is closer to the front door or allowing them to replace door handles with special knobs throughout their rental unit.
One major grouping of disabled renters’ rights are known as disability housing rights. Disability housing rights are defined and protected by U.S. federal housing laws like the Fair Housing Act (“FHA”).
Some important disabled renters’ rights that are provided under the FHA include the following:
- A landlord cannot discriminate against or refuse to rent property to a person because of their disability (the one exception being if it is a mental impairment that would pose a dangerous or serious risk of threat to the safety of other tenants in the building);
- A landlord also cannot harass a person because of or in any way that is related to their disability; and
- A landlord cannot request that a disabled renter pay an increased monthly rent or additional fees simply because they have a disability.
In addition, a landlord cannot provide different housing services, offer separate facilities, and/or assign disabled renters to a certain section of a rental house or apartment building. A landlord also cannot ask a disabled renter specific questions about their medical disability.
To learn more about your rights and protections as a disabled tenant under the law, you should contact a local landlord-tenant attorney immediately for further legal advice. Alternatively, a landlord who is looking for guidance on how to comply with disabled renters’ rights and regulations should speak to a landlord-tenant attorney in their area as well.
Who Is Considered Disabled?
For the purposes of federal law and various other renters’ laws, a renter may qualify as being “disabled” or as having a disability if:
- They have a mental impairment or physical condition that significantly impacts their ability to perform one or more major life activities, such as:
- Impaired vision or hearing loss;
- Chronic alcoholism;
- HIV, AIDS, or AIDS-related complex;
- A mental illness;
- An intellectual disability;
- Impaired mobility; and/or
- Chronic skin disorders;
- Have a history of having any of the listed disabilities; or
- Others consider them to have such a disability, even if they are not yet officially diagnosed to have any of these disabilities.
What Questions Can A Landlord Ask About My Disability?
As previously mentioned, a landlord typically cannot ask a renter specific questions about their disability. For instance, a landlord may not ask a disabled renter about their medical history, what their potential disability is, or how they developed their disability.
A landlord also cannot ask disabled renters seemingly discriminatory questions, such as:
- Whether their disability will prevent them from paying rent each month;
- If they are taking any prescribed medications for their disability;
- What the prescribed medications are;
- How often they need to use medical equipment (e.g., a wheelchair); or
- If the tenant has the capacity to live on their own.
On the other hand, a landlord may ask a disabled renter if they require reasonable accommodations or specific adjustments done on their rental property. A landlord may also ask a disabled tenant if they have any substance abuse problems or current addictions to illegal drugs. Additionally, a landlord may inquire about whether a disabled tenant qualifies for special housing that is specifically for people who have a particular medical disability.
Can a Landlord Ask for Proof of Disability?
In general, a landlord is not allowed to ask for proof of disability when renting to disabled tenants. The one exception to this general rule of thumb is when a tenant is requesting that a landlord make certain modifications or accommodations for them based on their disability. However, a landlord can only ask questions insofar that it enables them to make the modifications or accommodations that a disabled tenant is requesting.
In other words, a landlord cannot ask for copies of their medical records or inquire about the specific symptoms of a tenant’s diagnosed disability. The tenant only needs to show a connection between their request and the disability.
What Rights Does A Disabled Tenant Have To Accommodations?
According to the Americans with Disabilities Act (“ADA”), persons who qualify as having a disability have a right to receive reasonable accommodations or modifications. Under the ADA, an accommodation is defined as a reasonable modification or adjustment that is made to a legally specified environment, such as a public housing unit or a workspace.
For example, a landlord may have to make reasonable accommodations for a disabled tenant by adjusting rental policies, standard rental rules, and/or rental services in order to comply with the provisions of the ADA. This is because the ADA gives disabled tenants the right to have equal opportunity to enjoy and use their rental property.
Another example would be if most tenants had to send their monthly rent payments by mail, but the landlord allowed a disabled tenant to hand them a check in person each month since they live in the building or offered to come by to pick up rent. Basically, so long as the accommodation is reasonable and would not place undue burden on the landlord, they will likely have to comply.
A disabled tenant may also have the right to make reasonable accommodations or modifications to their rental unit at their own expense. For instance, a tenant may ask their landlord if they can hire a contractor to install special door handles, wheelchair ramps, or faucets in their rental property. Again, the tenant must first get permission from their landlord and the accommodation must be one that is reasonable.
One other accommodation that a disabled tenant may have a right to request from their landlord is permission to keep a service animal, such as a seeing eye dog if a tenant is blind or has severe visual impairments.
Should I Consult An Attorney About Rights Of Disabled Renters?
As discussed above, there are certain legal rights that a disabled tenant may be entitled to when living in rental housing. Therefore, you may want to consider consulting with a local landlord-tenant attorney if you are disabled and are unsure of what those rights are or how to exercise them. A landlord-tenant attorney who has experience in handling matters that involve the rights of disabled tenants can inform you of such rights as well as help you to obtain them.
Your attorney can also provide advice on whether your accommodation request would be considered to be reasonable or not under the terms of the ADA. In addition, your attorney will be able to provide legal representation in court if your landlord is refusing to make reasonable modifications to your rental property or is engaging in another activity that infringes upon your rights as a disabled renter.
On the other hand, if you are a landlord who needs further information about the rights of disabled renters or want to know if a tenant’s specific accommodation request would be considered a reasonable modification, you should speak to a local landlord-tenant attorney as soon as possible. Your attorney can ensure that you are in compliance with all regulations that affect disabled renters and landlords, and will be able to provide legal representation in court.
