disability applicant

[Bryan Young]

I have an application in for a person on disabilty income. I dont want to ask any questions about it. my question is there any risk in having a disabled person in a non ADA unit? once their in can they use anything against me for not being compliant even though i have not advertised ADA in any way?

[Penny Clark]

@Bryan Young, Before you worry about non-compliance of your property with their disability, first screen them as you would any other tenant so that they meet your qualifications for credit, income (be sure to ask for an award letter showing the amount they receive and you can track monthly installments by viewing their bank account statements), and rental history (get written permission from them on a form allowing you to contact their present and previous landlords; your form should ask them non biased questions that can be supported by documentation. For example, did they ever pay late and what were the dates? Were any three day notices issued and what was the reason? Did they leave the unit owing you any money?).

Don't ask them what their disability is unless they offer that information. They can request you make an accommodation but check with your state to see who foots the bill. Usually, it is the tenant if it is an accommodation that is made for their personal space but it could be the landlord if it is a common area like parking or access curbs in commercial units. In Cali, tenants can request an accommodation be made that is reasonable and the tenant usually pays for it and the landlord can require the tenant pay to revert that change made to the unit back to its original condition. 

The applicant may not make any requests.

In the meantime, I would check with your local rental housing association or HUD office to see what Fair Housing and ADA compliance classes are available if they offer them.

Good Luck!