Question: Can A Landlord Deny A Reasonable Accommodation?

Who is responsible for ADA compliance landlord or tenant?

The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant.

The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible..

Can a landlord ask about a disability?

Disabled people have significant protections when they rent living space. First, when you are seeking a rental, landlords are not allowed to ask whether you have a disability or illness, or ask to see your medical records.

Do ADA requirements apply to private property?

The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as a doctor’s office or day care center, is located in a private residence, the portions of the residence used for that purpose are subject to the ADA’s requirements.

What is a reasonable accommodation under the Fair Housing Act?

Fair housing laws require providers to make reasonable accommodations in their rules, policies, practices or services to give a person with a disability an equal opportunity to use and enjoy a dwelling unit or common area. Accommodations are “reasonable” when they are practical and feasible.

Can a landlord charge for reasonable accommodation?

Tenants need to show that an accommodation, or change, is necessary so that they have an equal opportunity to use and enjoy the unit. The landlord does not have to make costly or burdensome changes. Reasonable accommodations are made at the landlord’s expense.

Do landlords have to comply with ADA?

Landlords, as owners of “public accommodations,” have an independent duty to comply with the ADA and can therefore be liable for ADA compliance on property leased to and controlled by its tenants.

What is a hardship stay?

An eviction stay of execution due to hardship under California Code of Civil Procedure §918(a) in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay.

Who pays for a reasonable accommodation?

Under Section 504, reasonable accommodations must be provided and paid for by the housing provider unless providing them would be an undue financial and administrative burden or a fundamental alteration of the program.

How long does a landlord have to respond to a reasonable accommodation?

30 daysIf HUD accepted the complaint, the landlord has 30 days to respond. HUD will strive for a voluntary resolution but is responsible for ensuring that the landlord follows the law.