They are by definition tenant/landlord contractual entities.
Under federal law, disabled tenants and prospective tenants with a disability have the right to apply for and live in a rental unit regardless of their impairment. When a landlord rejects disabled tenants based on the use of a discriminatory housing practice, they have violated the law123. The Fair Housing Acts and the Fair Housing Amendments Act forbid discrimination of tenants or prospective tenants because of a disability or the disability of a person associated with them. These laws protect the following individuals:
- A person with a mental or physical disability that substantially limits their ability to perform one or more major life activities.
- A person with a record of the disability.
- A person considered by others as having the disability.
Types of protected disabilities include mobility, visual, and hearing impairments, mental retardation, alcoholism (if being treated in a recovery program), drug addiction (not caused by the use of an illegal controlled substance), mental illness, and HIV/AIDS.
Landlords may not ask discriminatory questions about an applicant’s disability or the severity of the impairment unless there is an accommodation request. They must treat disabled applicants and tenants equally, without requesting medical records or guiding them to specific units. However, landlords may inquire about whether:
- The applicant can meet tenancy requirements.
- The applicant abuses or is addicted to an illegal controlled substance.
- The applicant qualifies for a rental unit available only to people with a disability or a certain type of disability.
- The applicant qualifies for a rental unit offered on a priority basis to people with a disability or a certain type of disability.
Regarding mental illness, landlords cannot exclude an applicant based on fear or speculation. Instead, they can assess whether the individual poses a direct threat based on reliable and objective information regarding current conduct or specific acts. Factors considered include the nature and severity of the risk of injury, the likelihood of injury, and whether a reasonable accommodation can eliminate the direct threat.
Disabled tenants also have the right to request accommodations to rules, policies, practices, or services that allow equal opportunity to use and enjoy the rental unit and common areas1
Description of Premises: This specifies the property being leased or rented. It includes the address and any relevant details about the space.
Landlord and Tenant Information: The lease should clearly state the names and addresses of both the landlord (property owner) and the tenant(s).
Lease Term: This defines the duration of the tenancy. It indicates whether it’s a fixed-term lease (with a specific end date) or a month-to-month rental agreement.
Rent Amount and Due Date: The lease should outline the monthly rent amount and specify the due date for rent payments.
Security Deposit: Details about the security deposit, including the amount, purpose, and conditions for its return, should be included.
Maintenance and Repairs: The lease should address responsibilities for maintenance and repairs. It may specify who is responsible for certain repairs and how they should be reported.
Rules and Regulations: This section covers any rules or restrictions related to the property, such as pet policies, noise restrictions, and other guidelines.
Utilities and Services: The lease should clarify which utilities (such as water, electricity, gas, etc.) are included in the rent and which are the tenant’s responsibility.
Termination Clause: This outlines the conditions under which either party can terminate the lease. It includes notice periods and procedures.
Renewal Options: If applicable, the lease may include provisions for lease renewal or extension.
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