Discrimination against people with disabilities is prohibited by Federal law, and disabled tenants have a wide range of rights that landlords should know about when they lease.

Landlords may not ask about disability status, either verbally or on the rental application, nor it is legal to inquire as to the extent of a disability if the disability is conspicuous. Everything else about the application process stands, including the landlord’s right to inquire into the financial ability of applicants, and their credit history.

The landlord may make no assumptions about a disabled person’s preference for one unit over another. For instance, if an applicant has obvious mobility impairment, and if one apartment for rent has a bathtub and another has a shower, the landlord may be tempted to assume that the tenant would prefer the shower unit (since it is easier to get in and out of), but he should avoid these assumptions.

Landlords will on occasion have to make accommodations for disabled tenants. The most common demands made will be in the form of modifications to the apartment, which the landlord will not have to pay for.  Reasonable modifications to the property are permissible, as long as the modifications do not render the property un-rentable by the next tenant. For instance, a railing that allows someone to more easily get in and out of a shower or bathtub will be permissible. In cases in which modifications require a restoration of the property after the tenant leaves, the landlord may require a deposit in the amount of the restoration. Landlords will never be required to make large scale changes in their building to accommodate the disabled. For instance, they will not be asked to install a wheelchair lift for a single tenant. They may be asked to install a wooden ramp for access to the front door however if they are making major modifications to the building.

The Fair Housing Act requires landlords to allow service animals, regardless of building policy. Additionally, pet deposits cannot be applied to service animals if the tenant shows documented proof that they are disabled and need the animal to function. However, if  your tenant gets Section 8 or other subsidized housing, the definition of service animal can be fairly loose. If a person with a mental disability needs an animal for companionship to maintain their mental health, the courts may, and have, allowed the tenant and the animal to stay, as long as the premises are kept sanitary.

Disabled tenants are some of the best around, but as a landlord, it’s always good to know your rights.