Americans with Disabilities Act, (ADA) of 1990
What you don't know can hurt you
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Most professional property owners and managers should be familiar with the equal housing opportunities guaranteed to protected classes under the Fair Housing Act (FHA), which made discrimination in housing illegal. Most are probably not yet aware of the dangers they face from the many ambiguities contained in the Americans with Disabilities Act, ADA, of 1990.
According to ADA, a landlord must make economically feasible "reasonable accommodations" and "reasonable modifications" for disabled tenants. What exactly does "reasonable" mean? There is no exact definition. It usually means: logical, sensible or "fair". Fair means according to the rules. The ADA rules say landlords must be "reasonable". Are you confused? So are housing courts. The problem gets even worse when you try to define "disabled."
More than 15 percent of the U.S. population are regarded as being disabled using the federal definition of a disability. The definitions in the Act include: physically, mentally and emotionally impaired. It even covers recovering drug and alcohol abusers.
Advocates of the Act claim it seeks to end discrimination and bring the disabled into the mainstream so that they can enjoy the same quality of life as non-disabled Americans. Most others contend that it's purpose was purely political.
Congress passed the Americans with Disabilities Act of 1990, and President George Bush signed the law into effect just prior to the 1992 election. Helping the handicapped has become so politically correct that every politician is in favor of anything that may help anyone, without apparent concern for the cost or consequences
Here are some alarming examples of the Act's effect:
A California woman wanted to keep a dog in her rental home, claiming it would help control her panic disorder. The building had a "no pets policy" and the landlord refused to make her an exception. She sued under ADA. Not only did she get the dog, she was awarded $100,000 in damages as well.
Another landlord was forced to accept late rent payments and postpone eviction proceedings against a tenant who was hospitalized for his mental illness and not paying rent.
If you have a tenant or applicant with a physical or mental impairment - including hearing, visual or mobility impairments, chronic alcoholism, drugs, AIDS, mental illness or retardation - that "substantially limits one or more major life activity", you cannot refuse to make "reasonable accommodations" and "reasonable modifications" to housing or common areas - if any person needs them to use your housing.
Additionally, you cannot refuse to make "reasonable accommodations" in rules, policies, practices, or services, if the accommodations are necessary for the handicapped person to enjoy the use of your housing and facilities.
The number of housing discrimination law suits brought against property owners and managers will continue to rise, until rental housing interests become politically active and demand "reason" in our housing laws and their interpretation.
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