The apartment managers told me they only install carpet in the apartments And if I want pergo/laminate I will have to pay out of my own pocket. As I read 504 it states that landlord is responsible to honor any reasonable accommodation And pay for that modification.
Response: Unfortunately, your understanding of ADA’s reasonable accommodation is not correct. A private Landlord that accepts voucher from HUD is not subject to Section 504 of the Rehabilitation Act of 1973. A private Landlord is not a federally assisted provider that would be responsible for the expenses of the reasonable accommodation. The Landlord can honor your request, but at your own expenses. Any expenses for modifications to make the unit handicap accessible must be borne by you if the apartment complex elects to make you responsible for the expenses. See Fair Housing Act, 42 U.S.C. (Title 42, Chapter 45 Subchapter 1) Sections 3601 to 3619 especially Section 3604(f)(3), 24 CFR 100.24:
"(f)(1) To discriminate in the sale or rental, or to otherwise
make unavailable or deny, a dwelling to any buyer or renter because
of a handicap of -
(A) that buyer or renter,(!1)
(B) a person residing in or intending to reside in that
dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection with such dwelling, because
(A) that person; or
(C) any person associated with that person.
(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)
(B) a refusal to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may be
necessary to afford such person equal opportunity to use and
enjoy a dwelling;..."
Frequent Asked Questions on Section 504:
What is my landlord required to provide for a reasonable accommodation request? We are talking about wheelchair accessible modifications for a handicapped person. Is he not required to provide for my requests? Response: As previously stated in my very first response to you, the Landlord can accommodate your request but at your own expense. I understand that the accommodation itself is not at issue in your case, but who is going to pay for the expense of the accommodation is. Your Landlord is correct in stating that you would be responsible for the expense. If you do not want to pay for the expense, the Landlord has no legal obligation to accommodate you. Your Landlord is a private Landlord under Section 504 and as such cannot be forced to bear the expense of the accommodation.
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