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This month’s lesson is dedicated to helping you root out potential accessibility violations while you still have time to resolve them. First, we’ll explain the different accessibility laws that may apply to your property and the basic design standards they require you to meet. Then, we’ll point out 10 of the most common accessibility pitfalls and how to avoid them.
Website accessibility is rapidly emerging as the next big thing in fair housing liability.
Like any other consumer-facing business, multifamily housing providers need a good website that online shoppers can use to scope out their product. But while most landlords understand its business importance, many landlords overlook the fair housing risks that come with having a website.
What Would You Do? Neighbors complain that a tenant is keeping Binky, a loud and menacing-looking pit bull, in her apartment in violation of your community’s no-pets policy. You ask the tenant to get rid of the dog or you may have to evict her. She becomes flustered and insists that she has a disability and needs Binky for emotional and physical support. But the tenant seems perfectly healthy, both physically and mentally, and this is the first time she’s ever mentioned anything about having a disability.
Tenants who abuse drugs and alcohol may be endangering not only themselves but also their neighbors. Tenant substance abuse can result in criminal activity, violence, fires, disturbances, and other threats to apartment community health, safety, and tranquility. But, from a legal standpoint, cracking down on substance abuse isn’t so simple. For one thing, drug and alcohol dependency and addiction aren’t just social problems but diseases. As such, they may qualify as “disabilities” protected by fair housing laws.
Nearly 61 million people in the U.S., roughly one in four of the adult population, have disabilities. Mobility impairment is the most common disability, particularly among those age 65 and older. Leasing to people with disabilities poses fair housing compliance challenges. Simply refraining from adverse treatment in rental and leasing isn’t good enough; landlords are also legally required to take active steps to accommodate the special needs of applicants and tenants with disabilities. One of the most crucial of these needs is an accessible parking space.
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