Disability Modifications.

[Isis1]

It's Sunny here in CA.

i'm weeding throught the LL/TT laws. so bear with me.

we are making some simple modifications in our home to accomodate our autistic 4 year old. security gates such as a modified gates on both our front and back door. they are modified in a way that the four year old cannot unlock even if standing on a chair. the locks will be on the upper right corner of the door. thus needing to modify the door frame. now, one of the door frames is "flaking". needs to be re-installed before we can install our new security door. this was brought to our landlord's attention last year as we were worried it was termites. he said he would take care of it.

okay, nowi know i need to write a letter. to give the landlord a wriitten notice. however, i'm slightly confused on what is the owner is really responsible for considering it's a disiablity modification. our school sent home a notification on disability rights and what the owner HAS to cover and is liable for.

me, i just want the door frame replaced since it's deteriorating so i can place the security door. which he gave me approval for. it was a deal over installing a security gate between our kitchen and living room.

anyone more versed in disablity landlord tenant laws?

 

[sandyclaus]

As far as I understand the issue, the door frame is the problem, and has been the problem since last year. Without replacing the door frame, you can't install the proper security door to implement your disability modifications. Because of the possible issue with the termites, the door frame NEEDS to be replaced anyway for both structural and security reasons NOT having to do with the disability modifications. The ADA allows for modifications as long as the tenant pays for it. But the issue with the door frame is NOT your problem. LL is responsible for the frame, and YOU get to pay for the disability modifications.

Tell the LL he needs to address the door frame issue NOW. If he fails to take care of the problem quickly enough, then replace it yourself (take photos before and after, have the issue well-documented by whomever does the replacement, and save the old frame for his inspection) and deduct the cost for that from your rent as allowed by law.

 

[DeenaCA]

This falls under the federal Fair Housing Act rather than the ADA. The ADA applies to "public accommodations" like stores and restaurants, but does not apply to most rental housing. This part of the FHA is at 42 U.S. Code 3604(f)(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.

Here's the HUD/DOJ joint statement on reasonable modifications: http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_7502.pdf. Unfortunately, it does not address the situation you asked about, and I don't know of any case law that does address this.

The FHA doesn't require the landlord to do anything but permit you to make the modifications at your expense, so it seems the responsibility for repairing the door frame would fall under CA landlord-tenant law.

Here's the CA Department of Consumer Affairs info on having repairs made: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml. The "repair and deduct" remedy is only available if the condition presents a serious health or safety issue. There's a section on the implied warranty of habitability; you might be able to make a case if the defect in the door frame prevents the lock from operating properly.

I'd recommend that you contact a disability advocacy group in your area. The school might be able to give you a referral. These groups often have funds to make or pay for disability-related repairs to make a dwelling unit accessible (and this is an accessibility issue since it would make the unit safe for your child).

 

[Isis1]

Thank you deena and sandy! That's how I understood it. Just wanted to check.

 

[Searchertwin]

It's Sunny here in CA.

i'm weeding throught the LL/TT laws. so bear with me.

we are making some simple modifications in our home to accomodate our autistic 4 year old. security gates such as a modified gates on both our front and back door. they are modified in a way that the four year old cannot unlock even if standing on a chair. the locks will be on the upper right corner of the door. thus needing to modify the door frame. now, one of the door frames is "flaking". needs to be re-installed before we can install our new security door. this was brought to our landlord's attention last year as we were worried it was termites. he said he would take care of it.

okay, nowi know i need to write a letter. to give the landlord a wriitten notice. however, i'm slightly confused on what is the owner is really responsible for considering it's a disiablity modification. our school sent home a notification on disability rights and what the owner HAS to cover and is liable for.

me, i just want the door frame replaced since it's deteriorating so i can place the security door. which he gave me approval for. it was a deal over installing a security gate between our kitchen and living room.

anyone more versed in disablity landlord tenant laws?

I think you know the answer. But since it was not what you wanted, you are using "termites" to get the job done. The LL knows it not termites. There would be a different type of damage and not "flaking" and termites would be in more places, ESPECIALLY since it has been going on a more that a year. And you have not made him aware of any other termite infestation except the door frame in the right corner where you want to install the lock. Something doesn't sound right here.

The LL did provide you with permission to install the gate on the frame. But he did not give permission to install a new door frame when the existing one is good enough. You need to find a gate that is suitable to the door not the other way around.

IF YOU REALLY want to do this, and you are that concern for your child do it at your expense, as stated by Deena, ".The FHA doesn't require the landlord to do anything but permit you , (which he has done), to make the modifications at your expense, (you want it, you pay, but you want LL to pay), so it seems the responsibility for repairing the door frame would fall under CA landlord-tenant law.
And in this case, the door frame is fine, there is no termite destruction.

 

[Isis1]

I think you know the answer. But since it was not what you wanted, you are using "termites" to get the job done. The LL knows it not termites. There would be a different type of damage and not "flaking" and termites would be in more places, ESPECIALLY since it has been going on a more that a year. And you have not made him aware of any other termite infestation except the door frame in the right corner where you want to install the lock. Something doesn't sound right here.

The LL did provide you with permission to install the gate on the frame. But he did not give permission to install a new door frame when the existing one is good enough. You need to find a gate that is suitable to the door not the other way around.

IF YOU REALLY want to do this, and you are that concern for your child do it at your expense, as stated by Deena, ".The FHA doesn't require the landlord to do anything but permit you , (which he has done), to make the modifications at your expense, (you want it, you pay, but you want LL to pay), so it seems the responsibility for repairing the door frame would fall under CA landlord-tenant law.
And in this case, the door frame is fine, there is no termite destruction.

it was my thought of termites a year ago. landlord saw the deterioration of the door frame. he said it wasn't termites. i have no reason to disbelieve him as i have never seen termite damge on just the door frame. but i do believe the wood is rotting. he even stated he would get it done himself. which was not a hurry for us at the time. from the past estimate, it doesn't seem anyone is willing to install a gate until the door frame is fixed as it will not hold with the condition of the door frame. i have the money for the security gate and the installation. that's not the problem. i just wasn't sure if the door frame should also be covered.

thank you searcher!

 

[John_DFW]

A double keyed dead bolt may be a workable solution to the problem without having to get the landlord to act.

Make sure the key is otherwise readily available for egress in an emergency situation.

 

[treese]

A double keyed dead bolt may be a workable solution to the problem without having to get the landlord to act.

Make sure the key is otherwise readily available for egress in an emergency situation.

Bad suggestion.

 

[John_DFW]

Bad suggestion.

Why is it a bad suggestion?

One would obviously want to obtain LL permission first, and provide LL with a key. Many people deal with the emergency egress issue by storing the key near the door, such as on a hook out of childrens reach.

 

[csi7]

A security gate is a much safer and easier solution that works for the child. The whole purpose of a gate is to keep the child from injuring them selves while exploring.
The deadbolt just adds to the problem.
The landlord should replace the door frame.
A rotting door frame can be kicked in or out by a frustrated child.

 

[Zigner]

A security gate is a much safer and easier solution that works for the child. The whole purpose of a gate is to keep the child from injuring them selves while exploring.
The deadbolt just adds to the problem.

Expand on that. How is a keyed deadbolt any different than a lock in the way upper right hand side of the door with regard to the child?

ETA: Apparently, the door frame does just fine as is. It could, in fact, be structurally intact except for the portion that is rotting.