18 Jan Americans with Disabilities Act (ADA)
The American with Disabilities Act (ADA) of 1990 is a federal law which was designed to ensure the rights of people with disabilities (PWDs). It guarantees equal opportunities for employment, transportation, public accommodations, telecommunications, and government services. The ADA defines a person with a disability as anyone “who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment”. Aside from protecting the rights of people who are disabled, the ADA also protects those who are associated with a person of disability such as a spouse, or an immediate family member.
Since the ADA has provisions which dictate guidelines for landlords and other housing providers, a Highlands Ranch Property Manager has to be aware of how the ADA impacts any Highlands Ranch Rental Property.
Legal Concerns
A Highlands Ranch landlord cannot refuse to rent any property to a person simply on the basis of disability.
It is illegal to subject a disabled person to an application process that is different from that required for non-disabled potential tenants. The same applies to imposing the selective imposition of any qualification criteria.
It is also illegal to demand rental terms of conditions that are not otherwise required from persons who are not disabled.
Accessibility and Requirements
A Highlands Ranch Property Management companies are expected to make reasonable accommodations for persons with disabilities such as providing an easily accessible PWD-reserved parking slot, or installing a grab bar in the shower. However, the landlord is not obligated to make changes that will entail undue financial or administrative burden; usually, the tenant will foot the expenses for such modifications. The tenant could choose to pay for these modifications out of pocket, or look for community resources to fund these.
All new multi-family housing units consisting of four or more units with an elevator are required to comply with the seven design and construction requirements specified in the Fair Housing Act. These requirements are: accessible entrance on an accessible route; accessible public and common-use areas; usable doors; accessible route into and through the dwelling unit; accessible light switches, electrical outlets, thermostats and environmental controls; reinforced walls in bathrooms; and usable kitchens and bathrooms.
While some Highlands Ranch Rental Properties may be exempted from these requirements, rental property owners should be aware that there are very specific conditions to be met in order for exemptions to apply. State or local laws may also have additional or related provisions as well.
