Disability compliance for a rental community

[Tink11464]

What is the name of your state (only U.S. law)? PA

Hi - does a townhome community need to be compliant with ADA? We have lived in our "rented" townhome for 20+ years. As we have gotten older certain ailments have caused us to make changes in our lives to make things easier for us to function.

In the past few years - our townhome community changed our front exterior doors and knobs. The newer knobs are to hard for me to turn with my rheumatoid/psoriatic arthritis. There are days when I can't even open the door and have to have someone else do it. A "handle" would be better than a knob. I have offered to purchase a "handle" to replace the "knob".

My question is - Is this something that legally they should do or accommodate?

Thank You

 

[DeenaCA]

Hi - does a townhome community need to be compliant with ADA?

This falls under the federal Fair Housing Act rather than the ADA. Discrimination under the Fair Housing Act includes a refusal to permit a renter to make reasonable, disability-related modifications to the rental unit. Such modifications are at the expense of the tenant.

Is this something that legally they should do or accommodate?

Yes.

For more information, please see the HUD/DOJ joint statement on reasonable modifications at http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_7502.pdf.

 

[COlandlord]

They are only required to allow you a modification to your individual unit due to a disability. However, they are NOT required to pay for the modification needed and you need to put the unit back to the original condition when vacated.

(exceptions for communities built with HUD financing may require the owner to pay for the modifications)

 

[Tink11464]

Thank you - - That's good news - I did offer to pay for the "handle". Just waiting for their response. And after 20+ years there - don't think hubby has plans on moving to put it back to original conditions - haha. I keep asking to paint and he keeps saying what if we move - LOL

Thanks again!!

 

[You Are Guilty]

You say you offered to purchase the handle, but how was that done? Best practices is to put the request in writing and send it to the landlord/HOA (ideally return-receipt-requested). Hopefully, they won't say no to the request, but if they do, the written notice will make filing a complaint a snap.

You should also be aware of potential tax benefits for performing such home modifications:http://www.irs.gov/publications/p502/ar02.html#en_US_publink1000178902

 

[Tink11464]

You Are Guilty - - I emailed the Property Manager and she emailed back and said if I purchase the knob they will install it - I sent a few options and they chose one that would be acceptable. So I will save all emails. Thank you

 

[COlandlord]

OP..I'm glad you and your property manager were able to work this out! Now if only your husband would agree to the new paint as easily!