A Landlord & Tenant’s Guide to Renting With a Disability

If you’re a tenant, finding an apartment that you love and feel safe in is essential. Searching for that perfect place can be challenging if you have a disability, but there are legal rights to be aware of and great resources to make the process easier. 

If you’re a caretaker to someone with a disability, knowing if they’re ready to live independently is also crucial in ensuring their daily life is supported.

And landlords, it’s important to know how to provide accessible housing and meet the needs of renters with disabilities.

Read this article to learn everything you need to know about renting with a disability and accessible housing whether you’re a landlord or tenant.

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What Qualifies as a Disability?

According to the Americans with Disabilities Act (ADA), a person who has a mental or physical impairment that limits one or more major life activities is considered disabled. This definition also applies to those that have records of being disabled. If you meet this definition, you may also qualify for Social Security benefits as long as you have one of these medical conditions. Common disabilities include:

• Mental illness
• Mobility limitations
• Hearing loss
• Visual impairments
• Chronic skin disorders
• Chronic alcoholism (if it’s being addressed through a recovery program)
• HIV, AIDS, and AIDS-related disorders
• Intellectual disabilities

Laws Concerning Housing and Disability

There are various laws concerning disability and housing, and certain rights that tenants and landlords alike need to know. All enforced by the United States Department of  Housing and Urban Development (HUD), the following laws protect tenants and highlight the responsibilities of landlords when renting out their properties to disabled tenants.

Americans With Disabilities Act (ADA)

The ADA prohibits discrimination in all areas of public life against individuals with disabilities, such as public and private places open to the public, as well as work and housing environments. To be protected by this law, you must have a disability or have a relationship with a disabled person.

It’s also important to note that this law only applies to public areas, such as government-owned housing like university dorms and hotel rooms – not privately owned housing, like apartments.

These public accommodations must comply with basic non-discriminatory requirements that prohibit unequal treatment and segregation. The ADA also requires public establishments to remove any barriers to accessibility when it’s easy to do so.

Fair Housing Act

The Fair Housing Act forbids discrimination of tenants or prospective tenants because of their disability or the disability of a person associated with them, as well as race, religion, sex, color, familial status, and national origin.

This act covers most housing. However, owner-occupied buildings with no more than four units, housing operated by religious organizations and private clubs that limit occupancy to members, and single-family houses sold or rented by the owner without the use of an agent are exempt.

Some examples of housing discrimination include:

• A landlord refusing to rent or negotiate housing with a disabled applicant.
• Providing different facilities or housing services based on ability, or assigning a tenant to a particular area of housing.
• Asking prospective tenants to provide additional renting qualification criteria, such as fees and application requirements.
• Harassing or denying housing based on a prospective tenant’s disability.

Want to learn more about the Fair Housing Act to avoid catching a $16,000 discrimination charge? Enroll in our online Fair Housing for Landlords course today!

The Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability programs and activities conducted by the HUD. This law requires new multi-family housing construction ro include a certain percentage of accessible apartments.

A Landlord’s Guide to Renting to Tenants With Disabilities

A landlord does have rights when it comes to renting. Here are some accommodations, guidelines, and must-know discrimination laws you must follow when renting property to disabled tenants.

A Landlord May Not Ask Discriminatory Questions

Landlords must treat disabled applicants and tenants like anyone without a disability. You cannot request medical records or ask directly about an applicant’s disability, nor can you guide a tenant to a specific unit. It’s also illegal to ask if the tenant is capable of independent living.

You also can’t require a pet deposit or pet rent for a service animal, charge extra fees/higher rent because of the tenant’s disability, or ask about the nature of their disability or its severity. Landlords should not ask questions like:

• How did you become disabled?
• What is your disability?
• How often do you use your wheelchair?
• Are you taking any medications?
• Will your disability hinder your ability to pay rent on time?
• What is your medical history?

Can a Landlord Ask for Proof of Disability?

If it’s unclear whether or not the tenant is disabled, landlords are only allowed to ask for proof of disability when the tenant is asking for accommodations or modifications to be made to the property.

The tenant does not have to give specifics of the disability or give a copy of medical history. The only information that is needed is proof that the tenant has a covered disability, that accommodations are necessary, and that the proposed accommodations will help the tenant live in the unit just as a non-disabled tenant would.

A Tenant’s Guide to Renting With a Disability

According to federal law, disabled tenants and rental applicants have the right to apply for and live in a rental unit regardless of their disability. When a landlord denies housing to or discriminates against tenants with disabilities, they have violated the law. Here are some resources and rights to know before you seek to rent an apartment as a tenant with a disability.

Tenants Have a Right to Accommodation and Modifications

Tenants have a right to request that reasonable modifications and accommodations be made to the lease terms or rental before move-in. An accommodation is a change or adjustment to a property rule, policy, or service.

Common accommodation requests include:

• Permission to use a service animal
• Permission to mail in the rent payment
• Request to have a parking spot large enough for wheelchair access

Tenants also have the right to request that modifications be made to the unit. Modifications are a structural change to a unit, which can include:

• Requesting a wheelchair ramp to be installed
• Lowering the countertops
• Installing special door handles

However, there must be a relationship between the accommodation or modification and the tenant’s disability. If the disability is not directly apparent, the landlord is allowed to ask for proof that the requested accommodations or modifications are necessary. Also, if any changes made to the property would affect the use and enjoyment of the next renter, the landlord may request that the unit be restored to its original condition upon move out.

Who Is Responsible for Financing Accommodations or Modifications?

Typically, the landlord is responsible for paying for these changes at their own cost – but they’re not required to do so if the request is “unreasonable,” meaning that the change would cause an undue burden on the landlord or result in a fundamental alteration of the property.

For example, a tenant requesting to add an elevator to the property would be considered an unreasonable request.

How to Make an Accommodation or Modification Request

Requesting any changes can simply be done via letter. When making a reasonable accommodation request to your landlord, fully describe the required accommodation.

If there are resources that will make it easier or quicker for the landlord to accept the request, a helpful tip is to include this information along with the request (for example, places that are inexpensive that sell access signs or wheelchair ramps). Here are some important points you should consider including in your letter:

• Disclose that you have a disability and that it’s protected by law
• Fully describe the intended modification or accommodation
• Why the modification or accommodation is necessary

What Do I Do if My Request Was Denied?

Whenever a request is considered “unreasonable,” the HUD suggests that the landlord and tenant work together to reach a reasonable compromise. Tenants have the right to file a discrimination complaint if the landlord refuses after being provided with sufficient proof that the accommodation is necessary.

Tip: During this process, make sure you request and keep everything in writing. This can make it easier to show proof if you need to file a complaint.

Independent Living Resources

For renters with disabilities, apartment hunting can be tricky. If you’re a caretaker for a loved one or client, making sure they’re able to live independently with confidence is important.

Here’s a list of crucial questions to ask yourself before your disabled loved one lives independently:

• Are they prepared to feed themselves? Knowing how to meal prep and practice kitchen safety basics are important for independent living.
• Are they prepared to utilize public transportation? Even if your loved one won’t commute to a job, basic knowledge of local options could serve as a lifeline in the event of an emergency.
• Are they able to handle self-care? Without proper guidance and an established routine, adults and children with disabilities can sometimes fall into a pattern of self-neglect without the proper guidance and a strong, well-established routine.
• Are they prepared to manage money? Basic money management is a helpful aspect of independent living.
• Are they ready to handle an emergency or unexpected event? Understand that everything from a major weather event to a routine visit from maintenance could present a challenge.

If you answer no to multiple questions, you may want to consider the fact that your loved one isn’t ready to leave home. However, there are still some ways to prepare for this step in the future. Use this checklist below to help you prepare.

Independent Living Safety Tips

If you have a loved one who is planning on living independently, here are some safety tips and considerations to be aware of:

• Know your state’s laws: Tenants’ rights and landlord rights vary by state, such as right of access by the landlord and reasonable notice of entry. So, be aware of the rules of your local government.
• Ask for an extra key: If your loved one is living independently, ask the landlord for an extra key. If this is against lease terms, be sure to negotiate an agreement beforehand.
• Consider becoming a co-signer: Depending on your state’s laws and landlord’s lease terms, consider becoming a co-signer for your loved one with a disability. This can be helpful in case of potential financial problems.

As you prepare your loved one for independent living, be sure to visit the resources below for more information to help make the transition easier.

Resources:

• Independent Living Resource Center 
• Teaching the Art of Cooking to People With Special Needs
•  5 Ways to Teach an Older Child with Special Needs about Hygiene
• A Guide to Travel Training
• Emergency Preparedness Resources for Persons with Disabilities
• Help Teach Money Management

Additional Tenant Resources

• Social Security Administration Disability Benefits
• What Fair Housing Means for People with Disabilities
• HUD’s Fair Housing Guide
• Tenant Rights by State
• USA.gov Moving Guide
• ADA.gov
• Disability-Related Discrimination
• National Federation of the Blind
• National Association of the Deaf

If you’re renting with a disability or a landlord looking to rent property to a tenant with a disability, following this guide will help you better understand your rights and certain guidelines. To find the perfect tenant for your property, visit our rental application and tenant screening services.