A Guide for Property Owners on Tenants with Disabilities

As a property owner or landlord, ensuring your rental properties are accessible and accommodating to all potential tenants, including those with disabilities, is not only a legal requirement but also a practice that can promote inclusivity and diversity within your property portfolio. Understanding the rules and regulations related to tenants with disabilities can help you provide fair and equal opportunities for everyone, avoiding legal complications.

Avoiding Discrimination

Under federal and state laws, including the Fair Housing Act and the Americans with Disabilities Act, it's illegal to discriminate against tenants with disabilities. This means you cannot:

• Reject an application based on a tenant's disability.
• Offer subpar service, such as slower repairs, to tenants with disabilities.
• Impose stricter housing availability rules for disabled tenants.

If an applicant or tenant feels they've been discriminated against due to their disability, they may file a complaint at federal and state levels. Therefore, treating all applicants and tenants fairly and equally can mitigate these risks.

Providing Reasonable Accommodations

As a landlord, you are required by law to make reasonable accommodations for tenants with disabilities. Accommodations could involve altering your rental policies (e.g., permitting rent checks to be sent by mail) or modifying the physical structure of the property (e.g., installing grab bars in the bathroom).

However, you may require tenants to cover the costs of these modifications, and you may also require that the unit be returned to its original condition upon the tenant's departure, except for Universal Design elements like ramps. It's also within your rights to request that a licensed professional perform any physical modifications, ensuring they're done to standard.

Handling Service Animals

It's important to understand that service animals and emotional support animals aren't considered pets under law. If a tenant with a disability requires a service or support animal, they can request an accommodation to your pet policy. This tenant will need to provide a letter from a healthcare professional stating that they have a disability and the specific animal is needed for their condition.

While it might be tempting to strictly enforce a no-pets policy, refusing to accommodate a service or support animal could lead to a discrimination complaint. There are limited exceptions to this, such as if someone in your immediate family living in the same property has an allergy to that specific animal species.

Understanding Lease Termination

While compassion is important, you're not legally obligated to terminate a lease because a tenant's doctor recommends it due to health reasons. If a tenant does need to terminate their lease for personal reasons, you can uphold the lease terms, potentially holding them financially liable. However, if the apartment is universally unsafe, the tenant could argue for constructive eviction.

Rent Payment Timing

Some tenants, such as those receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), may receive their payments a few days into each month. If your lease specifies that rent is due on the first day of the month, consider discussing a different due date before the lease is signed. Refusing to adjust rent due dates in such situations could potentially be seen as a lack of reasonable accommodation.

Avoiding Retaliation

It's essential to avoid any actions that could be construed as retaliation against a tenant for requesting reasonable accommodations. Always maintain professional and respectful communication. Remember, it's wise to have all requests and agreements documented in writing to provide a record.

By respecting these rights and understanding your responsibilities, you can create an inclusive, fair, and welcoming environment for all tenants. These practices aren't just a means to comply with the law—they're a pathway to fostering goodwill, maintaining a strong reputation, and promoting a diverse and harmonious tenant community.