Fair Housing and ADA Laws: What DIY Landlords Need to Know About Disabilities

As a DIY landlord, you may already understand the importance of Fair Housing and ADA laws, but when it comes to disabilities, there are specific aspects that deserve your attention. In this blog post, drawn from The DIY Landlord book, we’ll explore how these laws apply to rental properties and provide practical guidance for compliance.

Fair Housing and Disabilities

The Fair Housing Act (FHA) prohibits discrimination based on disability. This includes both physical and mental impairments that substantially limit major life activities. As a landlord, you must ensure that individuals with disabilities are treated fairly during every stage of the rental process.

Key Obligations Under the FHA:

1. Reasonable Accommodations: These are changes to rules, policies, or practices

   that allow a disabled person to enjoy their home. Examples include allowing a service animal in a no-pet building or providing a reserved parking space close to the unit.

2. Reasonable Modifications: These are physical changes to the property that a tenant may request, such as installing grab bars in the bathroom or adding a wheelchair ramp. Tenants typically pay for these modifications unless the property receives federal funding.

3. Equal Treatment: Avoid any actions that could be construed as discriminatory. For example, don’t refuse to rent to someone because they require a wheelchair or a service animal.

   
   

ADA and Rental Properties

While the Americans with Disabilities Act (ADA) primarily applies to public spaces, there are situations where it intersects with residential properties. For instance, if your rental property includes a leasing office open to the public, that office must be accessible under ADA guidelines.

Practical Steps for ADA Compliance:

• Accessible Leasing Offices: Ensure your leasing office has ramps, wide doorways, and other features that allow individuals with disabilities to enter and navigate.

• Website Accessibility: If you advertise online, make sure your website is accessible to individuals with visual or hearing impairments by using alt text, captions, and accessible design practices.

  
  

Handling Requests for Accommodations or Modifications

One of the most critical aspects of managing a rental property is knowing how to respond to requests related to disabilities. Here’s a step-by-step guide:

1. Listen and Document: Take all requests seriously. Document the tenant’s request and your response in writing.

2. Evaluate the Reasonableness: Consider whether the accommodation or modification imposes an undue financial or administrative burden. In most cases, the answer will be no.

3. Respond Promptly: Delaying a response could be interpreted as discrimination. Provide clear and timely communication about your decision.

4. Consult Professionals: If you’re unsure, seek legal or professional advice to ensure compliance.

   
   

Common Examples of Accommodations and Modifications

• Allowing a service animal or emotional support animal in a no-pet building.

• Installing visual doorbells or tactile signage for tenants with hearing or vision impairments.

• Providing alternative communication methods, such as large-print documents or email correspondence.

  
  

Avoiding Pitfalls

Even well-meaning landlords can inadvertently violate the law. Here are some common mistakes to avoid:

• Refusing a Request Without Due Consideration: Always assess whether a request is reasonable before deciding.

• Charging Extra Fees: You cannot charge extra deposits or fees for accommodations like service animals.

• Ignoring the Law: Claiming ignorance of Fair Housing or ADA regulations is not a valid defense in a complaint or lawsuit.

  
  

Final Thoughts

Understanding and complying with Fair Housing and ADA laws is not just about avoiding legal trouble—it’s about creating an inclusive and welcoming environment for all tenants. By being proactive and informed, you’ll position yourself as a responsible landlord who values fairness and accessibility.

For a deeper dive into these topics and more practical advice, check out my new book, The DIY Landlord. It’s your go-to resource for mastering the art of property management while staying on the right side of the law.