Section 8 Wheelchair Accessibility

[Christian Malesic]

One of our Section 8 tenants just informed us that he may end up in an extended stay in a wheelchair. It is a 1st floor 2 bedroom apartment and he has a live in girl (on the lease). They have been tenants of the building for over 5 years, but we have owned the building for just short of a year (and inherited them and the section 8 ).

Are we responsible for wheel chair ramps, widening doors, accessible baths & tiolets with lift bars, etc.? Does American with Disabilites Act apply here?

Can we request Section 8 to find them better accommodations? Will section 8 place them elsewhere?

Is there money to help us with these repairs/enhancements if they are required?

I assume the tenants are going to want to stay as they love it there. They nag and complain but pay pretty much on time (their part of the rent).

[Richard F.]

Actually, it does fall under Federal ADA requirements...Section 8 is irrelevant.

You DO have to allow them to make modifications at their own expense, and YOU need to evaluate their specific request and make a determination if YOU can "reasonably" make/afford the accommodation requested. If you can not "reasonably" afford it, you are not required. The tricky part is WHO determines what "reasonable" is. Your idea of reasonable may not be the same as some judge. DOCUMENT your evaluation and alternate scenarios, and take the time to discuss with the tenant. Document this as well- No one wins if you end up in court. In either case, the TENANT is responsible for the cost of restoring the property back to original condition when they vacate...removing the ramps, grab bars, or what-have-you.

You definitely do NOT want to "throw them out"! There is, however, no requirement (in general, check local laws) that you must renew ANY tenant. There is also no requirement that you state a reason for non-renewal, so Don't.