Nondiscrimination in housing
The Fair Housing Act prohibits discrimination in housing policy and practice. The FHA also stipulates design and construction recommendations for newly built handicap-accessible apartments.
Under the accessibility requirements of the FHA, apartment facilities with more than four units built after 1991 must offer accessible routes into and around housing units. They also must provide accessible parking spots and public areas, as well as kitchen and bathroom designs that are usable by people with disabilities.
Accessible spaces
The Americans with Disabilities Act requires handicap accessibility accommodations in public places to allow people with disabilities to navigate safely. However, ADA rules do not apply to private residences.
Apartment communities must make public spaces accessible — such as the leasing office, lobby, clubhouse, picnic area, pool, other common areas. But they are not required to do so for individual apartment homes. (However, tenants have the right to request modifications to these spaces, as described below.)
Reasonable accommodations
If your chosen property doesn't offer the accessibility modifications you need, then you have the right to negotiate with the property manager to make the necessary changes. You can legally request accessibility modifications for your apartment and also common areas like the parking lot, clubhouse or laundry room.
The Reasonable Accommodations section of the Rehabilitation Act of 1973, Section 504 says that in federally assisted accessible housing, accessibility modifications are made and paid for by the landlord (unless they cause undue financial hardship).
In other housing besides that which is federally funded, tenants have the right to request accessibility modifications — but usually pay the costs themselves.
8. Choose your new place and move in
By the time you've gone through all these steps, you'll probably see that, like many things, searching for an apartment can be more involved for people who need accessibility accommodations.
But safe, comfortable, and accessible apartments do exist — more are being built each year, in fact. There are resources available that can help you move into an apartment with the modifications you need and want.
More resources for finding handicap-accessible apartments
Many nonprofit agencies and government programs are designed to help people find housing that meets their accessibility needs. Some of these organizations not only help you locate and apply for a handicap-accessible apartment but also access funds to finance your move-in, as well.
Nonprofit organizations for accessible housing
Federal benefits programs for accessible housing
- U.S. Department of Housing and Urban Development (HUD) — Section 8 vouchers, Section 811 assistance or Non-Elderly Disabled Vouchers
- Social Security Disability Benefits
- Department of Labor Grants
The information contained in this article is for educational purposes only and does not, and is not intended to, constitute legal or financial advice. Readers are encouraged to seek professional legal or financial advice as they may deem it necessary.
The above information is from Christy Clawson from wondermoms.org sent to me on Sat 12/06/2021