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animal is a request for an accommodation, and it is also dealt with in Title lll. To date, most owners are aware of the rules in relation to service animals. An owner cannot charge additional rent or extra security deposit for a service animal. An owner can ask what task the service animal performs but cannot ask to have the service animal perform that task. An owner cannot ask what disability a person has but rather he or she can ask does the resident have a disability if it is not observable.
Third, rehabilitation and alterations to common area amenities will most likely trigger the need for compliance with the ADA. This includes upgrading elevators, altering swimming pools, public bathroom, water fountains, slope of concrete slabs, etc. The good news is that requirements are in relation to the areas where the work is being done and possibly paths of travel to and from these areas in question. When engaging in any alteration to common area and common area amenities, it is recommended to consult with a qualified licensed professional with knowledge of the ADA.
Fourth, websites are considered a public accommodation and are subject to Title lll. This means that an owner’s website needs to be accessible to those with disabilities. There are currently three levels of Web Content Accessibility Guidelines (WCAG2.0): Level A, Level AA & Level AAA. Level A allow a sight to only be used by some users. Level AA allows a site to used by most users and Level AAA allows a site to be used by all users.4 Should an owner have a website, it his highly recommended to reach out to a qualified website professional that can adequately advise on being ADA compliant.
Finally, the Section 8 voucher system is regulated by Title ll. Property owners know that they cannot discriminate based on income in the State of
California and are, therefore, required to accept any qualified applicant with a housing voucher “as if” the housing voucher were income. Should a disabled voucher applicant or tenant require a reasonable modification or accommodation, the owner would process this request like any other disabled resident making such a reasonable request.
The voucher resident could be required to finance the reasonable request. The good news for the owner is that the housing authority which issues the vouchers has protocols in place for disabled voucher recipients. These protocols included extending the voucher beyond 60 days allowing disabled applicants to live at a property owned by a relative, increasing payment amount over 120% of the Area Median Income (AMI) with approval from HUD, etc. The burden to the landlord in light Title ll of the ADA in regard to Section 8 tenants is not burdensome and similar to what would be required for a non-voucher disabled renter.
In closing, the days of ADA being the distant reality associated with commercial properties has long since passed. Today any residential rental property owner needs to know that the ADA impacts at every facet of a property. ADA touches the common areas which are open to the public, it touches on renters’ rights to make requests for accommodations such as service animals and modifications to units and common areas, and it touches property upgrades to those common area amenities. ADA also touches an owner’s presence online via websites. And, finally, ADA even comes into play with tenants that have housing vouchers.
Given all this, there are unscrupulous attorneys out there who are looking for ways to bring frivolous lawsuits against any owner. Beware! Should an owner receive a frivolous lawsuit in relation to ADA compliance, do not hesitate to reach out to legal counsel.
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20 SEPTEMBER 2021 - APARTMENT MANAGEMENT MAGAZINE AMM1/6