Fair Housing and ADA Compliance: A Guide for Residential Rentals

At American West Realty and Management, we are committed to ensuring compliance with all housing laws and creating an environment that is fair, accessible, and welcoming. The Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) are critical pieces of legislation that guide property managers and landlords in serving all tenants equitably, especially those with disabilities.

Understanding the Fair Housing Act (FHA)

The Fair Housing Act, enacted in 1968 and amended in 1988, prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. For landlords and property managers, this means creating a level playing field for all tenants and applicants.

Reasonable Accommodations

The FHA requires landlords to make reasonable accommodations for tenants with disabilities, allowing them equal access to housing. Below are examples of accommodations we’ve successfully implemented:

1. Service Animals:
   A tenant with a disability requested to keep a service dog, despite a strict "no-pets" policy. We accommodated the request and modified the lease accordingly, ensuring compliance.

2. Reserved Parking Spaces:
   A tenant with mobility challenges requested an assigned parking space closer to their unit. We adjusted the parking layout to meet their needs.

3. Accessible Communication:
   A hearing-impaired tenant requested that all correspondence be provided via email instead of phone calls. We adapted our communication process to honor their preference.

4. Modified Lease Terms:
   A tenant undergoing medical treatment requested an early lease termination without penalty. We reviewed their situation and granted the accommodation.

Understanding the Americans with Disabilities Act (ADA)

The ADA, enacted in 1990, ensures equal access for individuals with disabilities in public spaces. While it primarily applies to public and commercial areas, aspects of the ADA intersect with residential rental properties.

Key Applications of the ADA

1. Publicly Accessible Areas:
   Properties with leasing offices, shared clubhouses, or common areas must comply with ADA accessibility standards. This includes features such as ramps, accessible parking, and doorways wide enough for wheelchairs.

2. Private Units:
   Residential units themselves are generally exempt from ADA requirements unless they are federally funded. However, landlords are encouraged to accommodate accessibility needs wherever possible.

Overlaps Between FHA and ADA

Many scenarios require understanding how both laws apply. Here are some key examples:

• Service and Emotional Support Animals:
  Under the FHA, landlords must allow emotional support animals as a reasonable accommodation. However, the ADA only recognizes service animals in public spaces, such as a leasing office.

• Accessible Property Features:
  The FHA requires multi-family housing built after March 1991 to meet specific accessibility standards. The ADA may further require accessibility in shared public areas.

Why Compliance Matters

Fair Housing and ADA compliance go beyond legal obligations—they demonstrate a commitment to inclusivity and fairness. By understanding these laws, landlords and property managers can serve all tenants better and foster a reputation for excellence and professionalism.

At American West Realty and Management, we take pride in creating inclusive communities. For more information about our policies or assistance with managing your real estate investments, email support@rentawr.com. We’re here to help.