Condo property managers in Miami have much to stay ahead of legally and administratively. However, nothing is as important as adhering to the American Disabilities Act (ADA) landlord requirements. Otherwise, they could face serious legal implications.
All tenants deserve fair and equal treatment, regardless of their disability. Here's what landlords need to know to follow the rules effectively.
What Is ADA and Why Is It Important?
The ADA protects people with disabilities from discrimination in the workplace, transportation, and public housing. Regarding public and government-funded housing programs, the Architectural and Transportation Barriers Compliance Board — or Access Board — enforces its provisions and investigates complaints.
The Access Board creates guidelines to help building owners better accommodate those with disabilities. For example, specific design requirements for construction and renovation ensure easier accessibility.
For housing, landlords must pay particular attention to the Fair Housing Act (FHA), which is similar to the ADA except for public and private accommodations. If landlords fail to comply with ADA and FHA requirements, the tenant can sue them for violating their rights. The outcome could lead to excessive fines, attorney fees and a poor reputation.
ADA Landlord Requirements You Must Follow
The FHA and ADA outline the most important rules to follow when a tenant has a disability. Remember these essential guidelines to ensure you don't demonstrate noncompliance with disability laws.
1. Do Not Refuse a Disabled Renter
Among the most important ADA landlord requirements in the FHA is it is unlawful to refuse to rent to someone with a disability. Likewise, property managers must still negotiate rental costs as they would with tenants without disabilities.
You also cannot create different restrictions and terms for individuals protected under the ADA or evict a disabled tenant on a discriminatory basis.
2. Bend the Rules
The FHA has landlords make reasonable accommodations for disabled tenants to ensure safe and comfortable living. For example, if there are no assigned parking spots at the building, condo property managers may designate one closest to the tenant's dwelling.
If you only accept rental payments through an app or in person, you might also bend the rules for a tenant with difficulty using a device or accessing the management office.
Although service animals are always allowed at university and government-funded housing or emergency shelters under the ADA, the FHA leaves it to the property manager's discretion. However, a landlord with a no-pet policy might make an exception for a service animal to assist the tenant.
Nevertheless, you cannot ask the tenant to provide proof of their animal's certification or require them to wear a vest. Landlords are also prohibited from requiring a pet deposit for service animals.
3. Modify for Accessibility
Modifications to the unit or premises also qualify as reasonable accommodations in the FHA. These adaptations allow people with disabilities to enjoy their living space and common areas and are paid for by the property manager. However, you may seek financial assistance for modifications by submitting a request to your city and county government.
Changes could include installing hardwood floors for easier movement, lowering shelves and swapping knobs for pulls if it's difficult for the tenant. In the kitchen, an ADA-compliant range hood with controls no more than 48 inches off the floor is essential for people who use wheelchairs.
You might also widen doorways to 36 inches — the ADA-friendly measurement — for greater wheelchair accessibility.
4. Do Not Ask About Disabilities
ADA landlord requirements prevent you from inquiring about a tenant's physical or mental disability on the rental application. You also should not ask about a disability in person during conversation. However, property managers may ask for proof of a disability to ensure appropriate accommodations once the lease is signed.
A tenant might ask how to submit an accommodation request. Even if you do not have a specific form for them to fill out, try to communicate in writing as often as possible for your records.
5. Do Not Retaliate or Threaten the Tenant
Under the FHA, it is illegal for condo property managers to threaten or harass a tenant with a disability — this includes intimidating or interfering with their rights to reasonable accommodations and fair treatment.
Likewise, if a tenant files a complaint against the landlord, it is illegal to retaliate against them or anyone else who has assisted them in the investigation process.
Create a Comfortable and Inclusive Condo Property for Everyone
Following ADA landlord requirements is necessary to ensure everyone at your condo property has an enjoyable and comfortable living arrangement. Making reasonable accommodations for a tenant with a disability should never be an inconvenience. Become recognized for managing an inclusive unit or building.
Evelyn Long is a writer that specializes in housing market trends. She is also the founder of Renovated Magazine, where she writes essential resources for renters and homeowners. She has contributed to several other sites like the National Association of Realtors and Realty Executives.