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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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If you are renting house does the disability act do repairs

Customer Question

If you are renting house does the disability act do repairs to house and pave drive ways and if so is there any requirements of owner of house?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The Americans with Disabilities Act does not apply to rental properties. However, the Fair Housing Act does. What the Fair Housing Act says is that the landlord must make reasonable accommodations for persons with disabilities. A landlord is already required to make repairs that affect a tenant's health and safety under state law. You can continue to make those requests. Every case is evaluated on the facts to determine whether an accommodation is reasonable. Note that when a tenant requests changes to the house, like widening of doors or installing wheelchair ramps, the law says the tenant can be required both to pay for the modification and to put the property back the way it was when they move out (at their own expense). But the landlord is required to allow the change. If you need the driveway paved, then the landlord can make you pay for it, but they can't refuse to pave it.

If your landlord refuses to allow reasonable accommodations, you have the ability to have a local attorney reach out to them and send a letter or file a lawsuit. The Fair Housing Act says that, if you win, the landlord can be required to pay your attorney's fees. Explaining that to the landlord may help convince them to allow a reasonable accommodation that you've requested.

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