When you have a Disability and you’re on the hunt for an accessible Apartment, there are rules, laws, and resources to help you get an apartment. Armed with the proper knowledge and understanding of what handicap-accessible means when it comes to accessible housing, you can ask the right questions when you start your search for an apartment.

Who is considered a person with disabilities?

According to the Americans With Disabilities Act National Network, someone who has a disability has one or more physical or mental impairments that include mobility, hearing, visual, or mental health issues that limit one or more life activities. The definition also includes people who may have once had a disability that they no longer have, which is called a record of impairment or disability. All people with current or past disabilities are protected by federal laws.

Laws related to accessible housing and renters with disabilities

Fair Housing Act (FHA)

In 1968, the Fair Housing Act passed. The act protects renters and buyers from several categories of discrimination: race, color, national origin, sex, familial status, and disabilities. The act is aimed at providers of housing such as landlords and real estate companies to prevent these entities from not allowing you to rent or buy a house based on the above criteria.

As of 1991, under the Fair Housing Amendments Act, new construction of select multifamily dwellings with four or more units must include these features: an accessible entrance, accessible common areas, doors wide enough to accommodate wheelchairs, accessible routes throughout the dwelling, light switches and electrical outlets that someone in a wheelchair can access, and grab bars in the bathroom. In addition, the kitchen and bathroom must have a design that allows a wheelchair to maneuver through them.

Americans With Disabilities Act (ADA)

Created in 1990, the Americans With Disabilities Act (ADA) protects people with disabilities against discrimination in all public places, including schools, jobs, public settings, transportation, and private places that are open to the public. While the ADA protects against discrimination in public places, it doesn’t necessarily cover residential housing like the Fair Housing Act does.

What are my rights as a renter with disabilities?

The above laws let you rent without discrimination and request an accessible apartment. The renter has the right to request modifications to the apartment to accommodate their needs. If you have a service animal, the landlord can’t deny your animal. If the animal causes any damage to the property, you as the renter are responsible to pay for the damage.

A landlord does not have the right to ask you what your disability is. They may ask for proof that you have one, but you have the right to withhold specific details about your disability.

Keep in mind that if you find an apartment that needs reasonable modifications like ramps, grab bars, wheelchair-accessible showers, modified counters, and accessible light switches and electrical outlets, the landlord is not required to pay for the modifications. You can negotiate with them and offer to pay, and if that’s the case, the landlord must comply and have the modifications made.

Another thing to remember is that, once you leave, it’s your responsibility to disassemble any modifications made. You can negotiate with the landlord to see if they can help financially, or perhaps they’ll decide to keep the apartment the way it is. Talk with the landlord about this and make sure all agreements are included in your lease.

What responsibilities and rights does my landlord have?

The Fair Housing Act prohibits discrimination against people with disabilities, and landlords must follow the rules and laws of the Act. In addition, landlords of public buildings such as an apartment building or complex must comply with the rules and laws set out by the Americans With Disabilities Act (ADA).

Landlords who rent to people with disabilities have many of the same rights as any landlord. Unless specified, landlords or property managers should receive payments on time and receive compensation for any damage that the renter may have incurred, not including modifications. As discussed previously, the landlord has the right to ask you to restore the apartment if modifications were made.

What are reasonable modifications and accommodations?

If you request modifications that involve structural changes to an apartment, the landlord must allow for them. Again, the renter must pay for any modifications, and the landlord may request proof of income that you as the renter can afford to have the modifications removed.

Accommodations differ from modifications. A reasonable accommodation is a change or adjustment to rules, policies, or services for the property. Asking the landlord for a parking spot closer to your apartment is a reasonable accommodation. If you have a service animal and the apartment has a no-pet policy, the landlord must allow for the animal, thus changing the policy to accommodate you.

What kinds of questions can I ask the landlord?

Being prepared when apartment hunting will help to streamline the process. Knowing your rights will help give you confidence when speaking to the landlord or property manager. Here is a list of reasonable and legal questions to ask your landlord:

• Do you have handicap-accessible parking?
• Can the doors accommodate my wheelchair, or are they at least 32 inches wide?
• Are there accessible handicap ramps available?
• Do you have wheelchair-accessible electrical outlets and light switches?
• Can I open the doors with a handle, or do they have knobs?
• Can I reach the thermostat from my wheelchair?
• Is the shower wheelchair-accessible and are there grab bars?
• Can I maneuver my wheelchair throughout the apartment, including the kitchen and bathroom?
• What are the heights of the counters?
• What is the width of the hallways in the apartment and in the public areas of the building?

What kinds of questions can the landlord ask me?

Landlords can’t ask questions about the specifics of your disability or medical condition, proof of your disability, or even how or if your disability affects your life. The main reason that landlords are limited in the types of questions they can ask you is to prevent them from making a decision whether to rent to you based on your condition.

The landlord can ask questions regarding the types of modifications or accommodations you might need. If your disability isn’t an obvious one, they can ask for proof before making the modification, but you’re not required to show proof. An example of a reasonable modification would be adding a wheelchair ramp or grab bars in the tub or shower.

However, if your disability is more of a mental or psychological one or is not obvious, the landlord may want proof or a note from your doctor telling them that you have a handicap. Again, the note doesn’t have to explain the details of your disability, just that you do indeed have one.

The landlord is not allowed to ask the following types of questions:

• What kind of disability do you have?
• Can I see or hear about your medical history?
• Are you on medication?
• Can you pay me on time, even with your disability?
• Do you need your wheelchair to go to work?

If you get asked these kinds of questions, you can file a complaint with the Department of Housing and Urban Development.

Other Considerations

Something else to keep in mind when searching for accessible housing is the location of the building and surroundings. More things to consider include:

• Are there transit stops or transportation nearby?
• Can I access the common area easily?
• Do the crosswalks have handicap-accessible lights and sounds?
• Are there any restaurants or pharmacies that deliver to my location?
• How close are basic services, like a grocery store or pharmacy?
• Can I easily negotiate the streets around people?
• Do the sidewalks have wheelchair ramps?

Once you have a knowledge of renter and landlord rights, have chosen a location that you can maneuver through and around, and have asked the right questions, you can start shopping for the right apartment to fit your budget and lifestyle.

Ready to find your new place? Search thousands of apartments for rent on Zumper and find accessible housing that works for you.

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