[nagdu] Tenant Rights

Tue Mar 10 15:01:03 UTC 2009

Rebecca,
    Thank you for sending this to me. The key phrase in this guidance is 
"owner occupied". If a landlord does not occupy the property of four or 
fewer families, it seems as if the act has jurisdiction.

Marion


----- Original Message ----- 
From: "Pickrell, Rebecca M (IS)" <REBECCA.PICKRELL at ngc.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, March 10, 2009 10:02 AM
Subject: Re: [nagdu] Tenant Rights


> Marian,
> Here you go;
> http://www.advocacyinc.org/HS1.cfm
> Who Must Follow the Act?
> The Act covers all apartments, condominiums, and other multi-family
> buildings except owner-occupied complexes with a total of four (4) or
> fewer families.
>
> The owner of a single-family house does not have to follow the Act when
> renting or selling unless he owns more than three such houses, has sold
> a house that was not his residence within the last 24 months, uses a
> real estate broker or agent to sell or rent his property, or uses
> discriminatory advertisement.
>
> Existing Housing
> In housing occupied prior to March 13, 1991, a landlord is not required
> to make physical modifications to accommodate a person with a
> disability. However, the landlord must permit the tenant to make the
> modification at the tenant's expense.
>
> Examples: A landlord must allow a tenant who uses a wheelchair to hire a
> contractor to build a ramp to his doorway and to modify his kitchen for
> accessibility; a landlord must allow a tenant to hire a contractor to
> make a mail slot in his door for mail delivery if the complexes
> mailboxes are inaccessible.
>
> The landlord may refuse to allow the tenant to make modifications unless
> the tenant agrees to restore the premises to its original condition if
> it is reasonable to require that the premises be restored.
>
> Example: It would be reasonable to require a tenant to replace a bathtub
> he had removed to install a roll-in shower, but not to narrow doorways
> he had widened for wheelchair access.
>
> Where necessary to ensure with reasonable certainty that funds will be
> available to pay for the restorations, the landlord may require the
> tenant to pay, over a reasonable period of time and into an interest
> bearing escrow account, an amount not exceeding the cost of the
> restorations. The landlord cannot require that the funds be paid in a
> lump sum before the tenant can make the restorations.
>
> Although a landlord is not required by the Fair Housing Act to make
> physical modifications to existing housing, a landlord is required by
> Title III of the ADA, which applies to public accommodations, to make
> physical modifications to the premises to assure the accessibility of
> the rental office and also any clubhouse, meeting room, or other common
> area which is rented to non-tenants. The parking lot must, therefore,
> have a curb cut or ramp to an accessible pathway leading to these
> locations.
>
> New Multi-Family Housing
> New multi-family housing that was first occupied after March 13, 1991,
> must have at least one building entrance on an accessible route, unless
> the terrain makes an accessible route impractical. An accessible route
> is a path that is free of obstructions, wide enough to allow wheelchair
> passage, and safe for and usable by people with disabilities. The burden
> of proving that an accessible route is impractical is on those who
> design and construct the housing. Multi-family dwellings in a building
> that has an entrance on an accessible route, must meet the following
> requirements regarding physical accessibility:
>
> Public and common use areas must be accessible to and usable by persons
> with disabilities;
> All doors must be wide enough (32 inches) to allow passage by people in
> wheelchairs;
> The dwelling must have an accessible route into and through it;
> Light switches, thermostats, and electrical outlets must be in
> accessible locations;
> Bathroom walls must be reinforced to allow later installation of grab
> bars around the toilet, tub, and shower; and
> Kitchens and bathrooms must be designed to allow individuals in
> wheelchairs to maneuver.
> If the building has four or more units and an elevator, all the units
> must meet the requirements listed above. If the building does not have
> an elevator, only the ground floor units must meet the listed
> accessibility requirements.
>
> Example: A two-story apartment building doesn't have an elevator, but
> does have an accessible entrance on the first floor. Those first-floor
> apartments, but not the second-floor apartments, must meet the
> requirements stated above.
>
> How To File a Complaint?
> If you believe that you have been discriminated against because of
> disability or wish to complain that multi-family housing constructed
> after March 1991 is not accessible, you may file a complaint with the
> United States Department of Housing and Urban Development (HUD) within
> one year after the discrimination occurred or within one year from the
> date that you learned of the discrimination.
>
> Each complaint to HUD must contain:
>
> the name and address of the person making the complaint;
> the name and address of the landlord or seller;
> the description and address of the dwelling which is involved; and
> a concise statement of the facts.
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
> Behalf Of Marion & Martin
> Sent: Monday, March 09, 2009 4:08 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Tenant Rights
>
> Rebecca,
>    All of this is conjecture, as we do not know the laws that govern
> fair housing in Canada or its provinces. My understanding of U.S. law,
> however, is not what is being stated here. My understanding is that the
> only conditions under which a landlord may refuse to rent to someone
> with a service animal is if they are renting a room in their private
> residence. Do you have the laws that reflect what you are stating?
>
> Fraternally,
> Marion
>
>
>
> ----- Original Message -----
> From: "Pickrell, Rebecca M (IT)" <REBECCA.PICKRELL at ngc.com>
> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
> <nagdu at nfbnet.org>
> Sent: Monday, March 09, 2009 11:38 AM
> Subject: Re: [nagdu] Tenant Rights
>
>
>> Hi there.
>> You've mixed up pet friendly v. guide dog.
>> Figure out which yours is and act acordingly.
>> Also, know that, and I'm thinking of U.S. law because I don't know
>> Canadian, that depending on the type of unit, the landlord does not
> have
>> to accept guide dogs. If the unit is made up of four or less living
>> spaces, the landlord does not have to rent to you.
>> You may have a case though if the other dog you mention belongs to a
>> tennant.
>> What I'd suggest you do is talk to whoever governs landlords in your
>> neck of the woods, and bring statuteswith you when you do. You should
> be
>> able to Google for this info.
>> Lastly, thing long and hard if you want to rent from these people.
> They
>> have the potential to make your life miserable.
>> You may have better luck if you tried apartments, which doesn't sound
>> like this situation is.
>> I'm sorry, it isn't fair for this to be happening
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
>> Behalf Of Heather Hutchison
>> Sent: Saturday, March 07, 2009 5:24 PM
>> To: nagdu at nfbnet.org
>> Subject: [nagdu] Tenant Rights
>>
>> Hi all,
>>
>> My apologies if this isn't allowed because I live in British Columbia,
>> Canada, but I was wondering if I could get some general input on what
> to
>> do about being discriminated against due to the presence of my guide
> dog
>> in applying for a rental unit.
>>
>> An acquaintance of my boyfriend was moving out of her apartment and we
>> decided it would be a great area and a perfect place for us to live
> in,
>> so we contacted the landlords (a husband and wife) to set up a viewing
>> (we've seen the place before, but to do it officially). She set up a
>> time the next morning for us to come and view the suite. My boyfriend
>> mentioned the fact that I have a guide dog (not as a question of if it
>> would be alright, but simply to state a fact) and everything changed.
>> She said she would have to check with her husband and quickly hung up.
>> She called back and left a message specifically stating that because
>> there was another dog on the premises (these are completely separate
>> units though) that because of my dog, we would not be considered to
> rent
>> the suite. We have kept this message. We called her to try and explain
>> the law (the guide animal act of British Columbia states that it is
>> illegal to discriminate against a person with a disability because of
>> their intent to keep a service animal in the rental unit unless
>> sleeping, cooking or bathroom facilities are
>> shared) but she would not listen. She put her husband on the phone and
>> he proceeded to be incredibly rude, screaming that they did not have
> to
>> accept a guide dog, essentially that the law was wrong. He said they
>> weren't even having viewings (which is incorrect because we had
>> previously had an appointment for that same day until they found out
>> about my dog). He then said we could come look at it if we really
> wanted
>> but that we wouldn't get it anyways. He said they were being
> threatened
>> when we said we would take legal action. One last time we tried to
> read
>> him the act, but he hung up in the middle of it.
>>
>> What should I do? I am having a very difficult time finding a place to
>> live (I've heard every excuse in the book) and I'm tired of people
>> blatantly ignoring the law. It is very difficult to find pet friendly
>> suites in Vancouver and they are almost impossible to get into because
>> they are in such high demand. I filled out a human rights complaint
> but
>> have not sent it yet. Anything else I should do? Should I pursue this?
>>
>> Thank you very much in advance for any input you might have.
>>
>> Heather with Bibby
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> nagdu:
>>
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/rebecca.pickrell%
>> 40ngc.com
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> nagdu:
>>
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/swampfox1833%40ve
> rizon.net
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nagdu:
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/rebecca.pickrell%
> 40ngc.com
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/swampfox1833%40verizon.net