Owning your own property can be challenging to manage. You may have only recently learned that certain behavioral standards must be adhered to in order to accommodate individuals with disabilities. The refusal to provide a reasonable accommodation may constitute a violation of the Fair Housing Act. Even unintentionally committing that kind of offense can lead to years in court and money you’d prefer not to spend on pricey attorneys. You’ll avoid a lot of grief if you make the effort to educate yourself on the subject.
What is a Reasonable Request?
Naturally, as a landlord with a rental property, you want to make every effort to accommodate each of your tenants, regardless of their unique circumstances. How do you find out if your potential tenant has a disability, though? Managing such a scenario is analogous to traversing a minefield; proceed with prudence.
If a person’s impairment is clear and their request relates to that condition, you should grant it immediately. You may only request additional information if it is uncertain how the request relates to the individual’s disability. You can request verification to ensure the requested accommodation is connected to the person’s impairment if their disability is NOT immediately apparent. One can get this from several trustworthy sources, including medical professionals, peer support groups, non-medical service agencies, and others. It is not proper to ask for medical records.
Not all people with disabilities will require reasonable accommodation. Nonetheless, individuals with disabilities have the right to request or receive reasonable modifications or accommodations at any time.
What Information Can You Ask Your Tenants to Provide?
You’ll probably be interested to learn more about your accommodation after you receive a request for one or receive a request for a reasonable change. You must be sure to abide by all applicable handicap laws and standards as a property manager. Ask a person with a disability only the information that is necessary to provide a reasonable accommodation or to ensure the accessibility and safety of the property.
To set up a reasonable accommodation, such as a wheelchair ramp or an accessible parking space, you may only inquire about the person’s needs connected to their disability. You can ask for emergency contact information in case of an emergency. You may inquire about the breed and training of an assistance animal owned by a person with a disability.
You may even request proof of the person’s disability from a medical expert if—and only if—it is unclear how the request is connected to their condition.
It is essential to remember to treat people with disabilities with dignity and respect and to avoid requesting superfluous or intrusive information. In addition, all data should be kept private and shared only with those who truly need to know.
Are Your Properties Exempt?
The Americans with Disabilities Act (ADA) mandates that the majority of properties in the US, including commercial properties, rental homes, and public facilities, must accommodate reasonable accommodation requests from people with disabilities. However, certain properties are exempt from the ADA’s reasonable accommodation requirements.
Owner-occupied private properties with no more than four units, including single-family homes, apartments, and condominiums, are often exempt from the ADA’s reasonable accommodation requirements. However, under some state and local fair housing laws, landlords may still be obligated to make reasonable modifications.
We’re Here to Help
The knowledgeable staff of Real Property Management Folsom Lake is anxious to assist you in comprehending the process of responding to accommodation requests. To ensure that renters with disabilities are properly accommodated, we offer tools, carry out assessments, and engage with tenants. For more information, contact us or call us directly at 916-850-2844.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
