Landlord Question and Answer Forum

Recently I met another landlord with far more experience than I, and he advised me to put right in the ad that the unit is not ADA-compliant. I was wondering what other landlords have done, and if anyone out there has experience with this. Is it wise to do so? I don't want to invite trouble. For a unit I'm currently advertising, an applicant with a child with an disability; she was concerned about a staircase that had a half-wall with no railing on the lower half (there is a full railing on the opposite full-wall side). Its been like this since it was built 50 years ago. What she needed there was not so much a hand rail as a barrier to ensure the child would not fall over the wall (highest step open on that side is the 4th. That applicant has since moved on, but I've been looking for a bolt-on solution (that I could remove later) just in case i need it, since I did not feel this was an unreasonable request, especially if I could do it without making a permanent change. But I AM considering changing the ad, to avoid any misunderstanding about the apartments. Does anyone out there have an opinion about advertising non-ADA compiance, or a story to relate?

It is not necessary to advertise a unit which is ADA non-compliant, you may be inviting trouble there. According to the law, you have to be willing to allow a tenant to make the necessary changes to the home at their expense. In this case, whatever the prospective tenant thought she needed to make the home safe for her son could have been put in place at her expense as long as you were willing. Keep in mind, the law says you have to be willing.

Posted by Claire S, CA on Wednesday, August 21, 2013