View Full Version : Handicapped Accessiblilty in Apartment?
metzloyd
Aug 30, 2008, 11:35 AM
I moved into an apartment because I'm in a wheelchair completely and there are
Stairs outside my door I can't go out of the apartment, What can I do to help myself with
This problem. Also doors are so small can't get in any room but the living room
Is there something I can do since I had to sign 12- month lease I can't move
Without breaking the lease. Please help.
*email removed for privacy*
N0help4u
Aug 30, 2008, 11:46 AM
There are agencies for disabled that will make the landlord put up a ramp and help you with whatever all your options are to remedy situations. You need to get in touch with an Equal opportunity housing program
US CODE: Title 42,3604. Discrimination in the sale or rental of housing and other prohibited practices (http://www4.law.cornell.edu/uscode/42/3604.html)
§ 3604. Discrimination in the sale or rental of housing and other prohibited practices(3) For purposes of this subsection, discrimination includes—
(A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.[2]
JudyKayTee
Aug 30, 2008, 12:44 PM
I moved into an apartment because I'm in a wheelchair competely and there are
stairs outside my door I can't go out of the apartment, What can I do to help myself with
this problem. Also doors are so small can't get in any room but the living room
is there something I can do since I had to sign 12- month lease I can't move
without breaking the lease. Please help.
*email removed for privacy*
I'm a little confused - you were in a wheelchair when you moved in and then discovered it's not 100% handicapped accessible - ?
I recently worked a very similar case - this is not a violation if there are other units available with are accessible. There must be a certain number of units, a percentage, that are handicapped accessible. All of them do not have to be accessible.
The other factor is the size of the wheelchair - in NYS, at least, if you have an oversize chair the landlord does not have to make it "super" accessible.
What State? What does the landlord say - move you to another unit, convert this unit?
froggy7
Aug 30, 2008, 02:26 PM
Just curious... is there an out for small-time landlords? For example, if I had a garage apartment, and wanted to rent it out, would it have to be compliant with the ADA, or would I be allowed to discriminate against people in wheelchairs because it would cost too much to make it compliant?
JudyKayTee
Aug 30, 2008, 02:44 PM
Just curious... is there an out for small-time landlords? For example, if I had a garage apartment, and wanted to rent it out, would it have to be compliant with the ADA, or would I be allowed to discriminate against people in wheelchairs because it would cost too much to make it compliant?
I thought the ADA applied only to public "facilities" - businesses, transportation. ("The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.") I know if a tenant is willing to pay to make accommodations for his/her own disabilities the landlord must give the matter consideration and agree if the modifications don't reduce the value of the property.
I know in large complexes - as I said - in order to avoid some sort of civil rights lawsuit an owner will move a tenant from here to there to accommodate the special needs.
I don't think a landlord HAS to make modifications in private housing -
Will be waiting for an answer from someone who knows 100%.
ScottGem
Aug 30, 2008, 04:25 PM
Just curious... is there an out for small-time landlords? For example, if I had a garage apartment, and wanted to rent it out, would it have to be compliant with the ADA, or would I be allowed to discriminate against people in wheelchairs because it would cost too much to make it compliant?
Based on research for a previous thread, accomdations need to be reasonable. Expensive modifications would not have to be made.
To the OP. You really left out a key piece of info here. Whether you were in a wheelchair when you leased the apartment or not. We really can't advise you without that info.