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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12928
Experience:  B.A.; M.B.A.; J.D.
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I have a question regarding wheelchair accommodations in HUD

Customer Question

I have a question regarding wheelchair accommodations in HUD subsidized housing.

I am a seventy year old male with a right leg amputation above the knee.

I am asking for pergo/laminate floors in a rental apartment that is HUD subsidized.

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.

I am wheelchair bound in the house and walk w a prosthetic leg and 2 canes when outside.
I have a balance issue which is why the 2 canes.

Hard surfaced floors make indoor mobility very easy...I can push with my left foot laterally
And forward and back without using my hands on the pushrims of the chair...I
I can carry objects and perform tasks with my hands ...
I CAN NOT do any of this with carpeted floors no matter how low the pile...
I had to leave my last apartment because the low pile carpet made mobility too difficult.

ADA guidelines favor hard surfaced flooring and section 504 sides with my needs.

I am also asking for a wheelchair ramp with 2 handrails from the patio door, 19" ADA commode, grab rails on each side of commode and an automatic door at the north end of my hallway.

The apartment complex is Butterbrook Apartments , 105 Butterbrook Hill, New Milford Ct. 06776.

And the appartment I have qualified for is number 65....
I have an approval letter of 7/3/13 stating I will have tenancy in August 2013.
I have been waiting for their corporate offices... De Marco Management, Hartford Ct.
To reply to my request for reasonable accommodations.

I have given my landlord 30 days notice as per Connecticut law...
And she is asking if I can be out by July 31 or sooner...

It is getting down to the wire...I feel De Marco is stalling.

Appreciate your answer on this matter.

Thank you
Anthony Allegretti
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.




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:





http://codes.lp.findlaw.com/uscode/42/45/I/3604


http://www.hud.gov/offices/fheo/library/huddojstatement.pdf


"(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

of a handicap of -

(A) that person; or

(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 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:


http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/sect504faq#anchor257647



Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12928
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
The housing is HUD subsidized for elderly and disabled ...does this make my landlord a private landlord?
Expert:  Phillips Esq. replied 1 year ago.
The housing is HUD subsidized for elderly and disabled ...does this make my landlord a private landlord?

Response
: Yes, it does.
Customer: replied 1 year ago.
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?
Expert:  Phillips Esq. replied 1 year ago.

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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