Chapter 8: My Housing Rights

Fair Housing for Persons with Disabilities

gavel In the United States, there are laws that protect people with disabilities from being discriminated against. These are some of the laws related to housing.

Reasonable Housing Accommodation or Modification

Fair Housing Law says an individual has grounds to file a complaint or to sue a landlord if the landlord refuses to rent or sell to that person because of their disability or refuses to allow reasonable accommodations or modifications to the housing.

Reasonable Accommodation is a change, which will allow a person with a disability to enjoy living in a dwelling to the same degree as other persons without disabilities. The following are examples of reasonable accommodations for a person with a mental illness:

A federally assisted housing provider has a no pet's policy. A tenant, who relies on a pet for emotional safety and comfort, is allowed to have the animal as a reasonable accommodation to her disability.
Overlooking an individual's poor credit history due to mitigating circumstances, such as having had a relapse and going into the hospital for a time, is a reasonable accommodation.

To request a reasonable accommodation you must contact your Public Housing Authority and include:

A clear, written description of the accommodation you want, the reason it is being requested, and how the accommodation relates to your disability.
Written documentation and letters of support from your advocates or mental health providers.

Reasonable Modification allows people with disabilities to alter their rental housing units to meet their unique needs related to their disabilities. The physical modification must be made at the person's own expense and must be completed in a professional manner in compliance with all local building codes. The tenant may also be required to restore the unit to its original condition before moving.

How to Request an Accommodation or a Modification from the Landlord

The landlord should be notified in writing of the disability and the request to make specific changes so that you can have an equal opportunity to use and enjoy the apartment. You must include a letter from a health care provider that verifies the existence of the disability.

What to do if the Request is Denied

First, try to find out why the request was not granted. Keep a written record of all conversations and interactions with the landlord. You have the right to file a complaint with Department of Civil Rights; within 180 days. If living in HUD subsidized housing, you can file a complaint to the Department of Housing and Urban Development within 1 year of being denied a request. If a complaint is made to HUD within 180 days of the last time the landlord ignored or denied a request, the case will be automatically transferred to the Department of Civil Rights. Contact the offices listed under Contact Information in the appendix of this guide.

Knocking Down Barriers to Getting the Place You Want

Having a history of poor credit, evictions, legal problems, or a felony can present a barrier to getting the place of your choice. Your family, case manager, or a mental health advocacy group can assist you if this is the case. It is important to ask for help from as many supportive people or groups that you can. If they make clear that they know you as a dependable person, the landlord may agree to let you have the place.

Having a Section 8 voucher may also present a barrier as there may be few vacant units that meet Section 8 requirements. In most states, owners of rental housing are not required to accept Section 8 vouchers. You can find more
information about Section 8 in the Housing Resource Manual, found at the CHN website: www.communityhousingnetwork.org, or in the Appendix of this guide.

Remember, it is illegal for a landlord to deny you a place to live because of your disability. You can file a complaint with the Office of Civil Rights if you believe you have been denied housing for this reason.

Landlord/Tenant Law - Things to Know Before Renting

Selecting and moving into a new rental house or apartment can be an exciting experience. It is important to know some basic points of law about leasing a residence before your search is started.

RENTAL AGREEMENT - LEASE

A lease signing will take place after an apartment has been located and the landlord has accepted you. A lease can be complicated. You might consider taking someone from your Circle of Support to the signing.

Items that Must be Included in Your Lease Before signing the lease, make sure (or have a support person make sure) that the following items are contained in the lease:

Name(s) of Landlord and Tenant, including all people who intend to live in the apartment and location of apartment.
Amount of rent, when payment is due & late fees (no penalty fees).
Length of tenancy (month to month/other).
Security Deposit information (see below about security deposits).
Maintenance responsibilities (see below about maintenance responsibilities).
Eviction process (see section below about the eviction process).

If any of the items listed are NOT parts of the lease, DO NOT SIGN UNTIL THE LEASE HAS BEEN RE-WRITTEN WITH THE MISSING ITEMS INCLUDED.

Items that should NOT be included in the lease Before signing the lease, make sure (or have a support person make sure) that the following items are NOT contained in the lease:

Terms that discriminate against a person.
Terms that waives/alters party's rights under Michigan Law.
Give up legal options.
Waive right to jury trial.
Assume attorney fees or security deposit.
Allow landlord to alter lease without consent or accelerate rent.
Terms that allow landlord to secure tenant's personal property to assure rent payment or provide for self help evictions etc..
Terms that relieve landlord of their responsibility under applicable law.
Warranty of Habitability.

If any of these terms are found in the lease, DO NOT SIGN UNTIL THE LEASE HAS BEEN RE-WRITTEN WITH THE TERMS REMOVED.

SECURITY DEPOSITS

A Security Deposit is money to protect the landlord in case the tenant damages the property or fails to pay rent. The amount of the security deposit can not be more than one and one/half times the rent. The landlord must deposit the security deposit funds in a bank. The lease must also include the name of the financial institution holding the security deposit and a written statement that you (the tenant) must notify the landlord of your new address within 4 days after you move out.

When Can a Security Deposit be Lost? The Landlord can keep a security deposit if the tenant owes the landlord unpaid rent or utility bills, or if excessive damages to the apartment exist (not including normal wear and tear). If the landlord is claiming excessive damages to the apartment, s/he must mail you an itemized list of damages and estimated cost of repairs within 30 days after you move out. As last resort, a Court of Law can determine whether a security deposit is returned.

What Must be Done to Get a Security Deposit Back? Fill out the Inventory Checklist the landlord will provide before or soon after move in. The landlord must supply the tenant with two blank inventory checklists before the move in
and prior to the move out. The tenant must complete both copies of the checklist within 7 days of moving into the apartment. One completed checklist must be given to the landlord and the other copy kept in a safe place with other lease/utilities information and receipts. List any and all damages to the apartment that are present including appliances that do not work properly, dings, dents in floors or walls, broken windows, etc.

Before moving out, clean the apartment and complete another exit inventory checklist with the landlord. Take pictures of the condition in which the apartment is being left, or have a friend, neighbor or support person take the inventory together. Give the landlord a forwarding address within 4 days after moving. The security deposit money can then be mailed to the new address.

Landlord Rights and Responsibilities

The landlord has the right to receive the rent payment on time and to expect that the apartment will not be damaged or used for illegal activities.
The landlord is responsible to provide and maintain a place that is livable and meets housing codes.
The landlord must return your unused security deposit to you within 30 days after you move out.

Tenant Rights and Responsibilities The Tenant must keep the property in a safe and sanitary condition as spelled out in the lease.

Maintenance Both the landlord and the tenant are responsible for maintenance of the apartment as spelled out in the lease.

Evictions An eviction is the legal process where the landlord asks the district court for the authority to remove a tenant from the rental property. An eviction may take place if the tenant: does not pay the rent; damages the property; breaks the terms written in the lease; causes a health hazard; or engages in illegal drug activity or criminal conduct.

Ten Tips Every Tenant Should Know

Be prepared when meeting a new landlord by bringing a completed rental application, written references, a current copy of your credit report.
Carefully review all the conditions of the lease before you sign.
Get EVERYTHING in writing.
Protect and understand your privacy rights.
Know your rights to live in a habitable rental unit. Landlords are required to provide adequate weatherproofing; heat, water and electricity; and clean, sanitary and structurally safe premises. If your rental unit is not kept in good repair, you have a number of options including: withholding a portion of the rent; paying for repairs and deducting the cost from your rent; calling the building inspector; or moving out.
Keep communication open with your landlord. If there's a problem, talk it over to see if the issue can be resolved without a nasty legal battle.
Purchase renters' insurance to cover your valuables. Your landlord's insurance policy will not cover your losses.
Make sure the security deposit refund procedures are spelled out in your lease or rental agreement. Make sure your lease or rental agreement is clear on the use and refund of security deposits.
Learn what your landlord must do if your building or neighborhood are not safe. Find any laws that require safety devices such as deadbolts and window locks, and check out the property's protection from criminals.
Know when to fight an eviction notice and when to move. Unless you have the law and provable facts on your side, fighting an eviction notice is usually short-sighted. If you lose, you may end up many dollars in debt. On the other hand, evictions on record can limit your choices for further housing.