What tenants’ rights are protected by the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) protects the rights of tenants with disabilities in Virginia. Specifically, the ADA prohibits landlords from discriminating against persons with disabilities in the terms, conditions, and privileges of rental units, as well as in the provision of services or facilities. This means landlords cannot deny rental units or applications because of a disability, or treat an individual with disabilities differently than those without disabilities. The ADA also requires landlords to provide reasonable accommodations for tenants with disabilities. These accommodations can include things such as making physical improvements to the rental space, providing a designated parking spot, or altering policies that would otherwise pose an unlawful barrier to tenants with disabilities. An example of such a policy alteration might include waiving pet fees for service animals for disabled individuals. Further, landlords are also required to make reasonable efforts to allow wheelchair access to the building and rental units. This includes making sure pathways to the unit are free of obstacles and that the unit itself is able to accommodate wheelchair use. The ADA affords tenants with disabilities the right to live in rental units with a reasonable level of comfort and safety. Landlords must abide by all of the requirements of the ADA, as failure to comply may result in legal action.

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