Q: I suffer from a diagnosed stress disorder and recently rented an apartment on the ground floor of a large rental community. Unfortunately, my unit is in a high-traffic area, and the noise and activity of the traffic is causing me great distress. I have asked the management to move me to a more remote location but was told that I’d have to pay a large fee and extend the lease. What can I do? – Anonymous
A: Your situation is governed by laws such as the Americans with Disabilities Act and the Fair Housing Act, which prohibit discrimination against people with disabilities. The laws define this as a person who has a mental or physical impairment that substantially limits major life activities, and includes conditions such as hearing, mobility and visual impairments, chronic mental illness and AIDS. A landlord can’t refuse to rent to someone with a disability and must make reasonable accommodations to assist that person.
A reasonable accommodation is a change in the rules, policies, practices or services so that the person will have an equal opportunity to use and enjoy the dwelling or common area. An example of an accommodation includes assigning a person with a mobility impairment a reserved parking space close to the unit, even though all parking is unreserved. But these accommodations can’t fundamentally alter the program or create an undue burden on the landlord.
In your case, because you have a recognized and diagnosed disorder that falls under these rules, the complex must make a reasonable accommodation for you. So even if it is the policy to renew a lease and charge a fee when a tenant wants to move apartments, the complex will have to adjust its policies to accommodate your move because the move is necessary due to your condition.
Board-certified real estate lawyer Gary M. Singer writes about the housing market at Sun Sentinel.
We Buy Houses call us 954 247 1353 or click here!
No comments:
Post a Comment