What Do You Require When Looking For Accessible Housing?

Introduction

There are three (3) federal laws that relate to the protection of people with disabilities from discriminatory housing practices.

They are:

1. The Fair Housing Act

The Fair Housing Act prohibits discrimination based on disability by prohibiting discriminatory housing practices;

Requiring reasonable accommodations and reasonable modifications be made; and

Requiring certain construction standards for multi-family dwellings built for first time occupancy after March 1991.

2. Section 504 of the Rehabilitation Act

Any public housing or public assisted housing provider that receives federal dollars is covered under the Rehabilitation Act of 1973.

3. The Americans with Disabilities Act Title II and Title III

Title II of the ADA covers all “public entities” state and local governments regardless of whether they receive federal funding.

Title III of the ADA covers offices, public areas and parking lots,

A. Title III of the ADA covers any location open to the public, including but not limited to parking lots, management office and public meeting rooms.

B. There are standards for building and design, but each person with a disability has unique needs to allow them equal access to living independently. It could mean accessibility on a certain level to someone with mobility impairment, and accessibility on a very different level to someone with a visual impairment. It means something different to someone who uses a wheelchair that to one who uses crutches. It means something different to someone who is blind than to one who has a visual impairment.

People who are not disabled and people with disabilities may look for the same thing; the location and availability of good public transportation for example or the cleanliness or safety of the neighborhood.

It is for you to decide what is at the top of your priority list and which issues are of lesser importance. Ask yourself if location is more important that affordability. Combining

accessibility, affordability and location is not an easy tack. You may decide to spend your own money to change door knobs, put in an electric stove or add lighting. Where there is federal funding is available, it maybe the landlord’s responsibility to make the needed modifications to the unit.

C. Generally, you are responsible for any reasonable accommodation you want to make to the unit in order to have full use of the apartment. However, you should get approval for any physical changes prior to making them from your landlord.

What follows are descriptions and lists of housing-related elements important to people with disabilities who wish to find and live in accessible housing. Read all of the following sections. Add to them if you wish, for these lists are not complete.

Use this guide as a tool to assist you in making an informed housing choice.

For People with Mobility Disabilities

Neighborhood

Public transportation and safety:

If you use public transportation, is it close to the complex? Is there a transportation stop? Are the streets and sidewalks in good repair and at least 36” wide? Are there steep slopes and cross-slopes around the vicinity of your complex? Are there adequate curb cuts around the complex?

If you have your own vehicle, is there a parking space with an access aisle close to your apartment? Does it connect to the building’s accessible route? Is the parking space designated by the international symbol of access? If not, you can request one. This is called a reasonable accommodation to policies and practices.

Building/Unit:

Is the entrance door to your accessible unit 32” wide? Is there a level or ramped entrance? Does the ramp have handrails? Are the doorknobs the lever type? Does the elevator car have a 60” turn radius?

Are the hallways and common use areas such as the laundry room and recreational facilities accessible? Does the laundry equipment have controls in the front of the machines? Is there a pathway of at least 36” between equipment? Are the trash cans useable? Could these elements be easily made accessible?

Can you use the bathroom and kitchen facilities? Are the grab bars installed or a place to install them next to the toilet of shower? Are the appliances in the kitchen at an accessible height from

your wheelchair? Do you want to make reasonable accommodations to the unit at your expense? Does the landlord have an obligation to pay for any of the modifications? (Does the landlord receive federal funding?)

Do the bedroom closets have lower shelves or a lowered rod for hanging clothes? Can you open the windows easily? Do you have the ability to reach the light switches, plugs and other utility switches? (Garbage disposer, thermostat, etc…)

For People with Vision Disabilities

Neighborhood

Public transportation and safety:

Is public transportation close to the complex with a defined accessible route to the bus stop? Is the area well lit? Are the streets and sidewalks in good repair? Is traffic light or heavy?

Building/Unit:

If there is an elevator to your unit, can you use it? Is the elevator controls raised, brailed or have audio sound to indicate which floor you are on? Is there directional signage in hallways, stairways and common use areas?

Are stairways well lit? Do the stairs have a non-slip surface? Do the stairs have contrasting color strips at the base of each stair? Are there protruding objects in the halls, common use areas, or in the lobby?

For People with Cognitive Disabilities

(Learning disabilities and head injury)

Neighborhood

Public transportation and safety:

Is public transportation close to the complex? Is there a clearly identifiable route from work, community programs, shopping and doctor offices? How far are the grocery store or community recreation facilities?

For people with Environmental Disabilities

Neighborhood

Public transportation and safety:

Is the traffic light or heavy? (This affects the pollution level). How close are dry cleaners, gas stations, Laundromats, auto shops, factories, power lines? Are there active wood burning stoves in the area?

Building/Unit

Is the manager or landlord willing to work with you on the control of pesticide use, safe cleaning and construction products and materials? Is the manager or landlord willing to post “No Smoking” signs in the lobby and in other common use areas in the complex?

Are fireplaces, wood stoves and barbecues used and how close to your nit will they be? What is the heat source in your unit? Is the cooking source in your unit electric or gas?

How close to your unit are garages and parking areas? How close is the laundry room? Do windows in your unit open onto areas that are toxic for you such as garages and parking lots? Has foliage been treated with pesticides?

Service Animals

The Fair Housing Act (FHA) bans discrimination based on a disability. IT requires the landlord to make reasonable accommodations to rental rules, policies, or practices to give residents with disabilities an equal opportunity to use and enjoy their rented homes.

The best known example of a service animal is a guide dog that helps a blind resident navigates. But service animals don’t have to be dogs and a service animal’s function can even be to lend comfort and emotional support to a resident with a disability.

Five suggestions when requesting to keep a service animal in your apartment:

1. Keep accommodation requests reasonable and indicate how the animal assists with your disability.

2. Request the landlord notifies you in writing of their decision regarding you request for service animal accommodation.

3. Pet deposits are no allowed by the landlord for service animals.

4. Expect to abide by all pet rules that are aimed at health and safety issues including licensing and up to date shots.

4. You need to clean up after walking dog. Any damage caused by support animal is your responsibility.

Where to find help

There are many places you might look to for help when seeking accessible housing or for help with other housing issues.

One good place to start is your local center for independent living. Not all areas have independent living centers, and their services may vary. In the white pages of most phone books there is a section for “Community Services”. Look under housing, services for people with disabilities, disability services and legal services.

You may also call the U.S. Department of Housing and Urban Development regional field office in your area.

Contact the Salina Human Relations Department

City-County Building300 W Ash, Room 101Salina, KS 67401Office: 785-309-5745Fax: 785-309-5769TDD: 785-309-5747 www.human.salina.org