Tenant Made Unauthorized ADA Repairs without Permits

[Nick D.]

Here's the rundown

One of my inherited tenants sent me a letter in March regarding a slip and fall at a multifamily property that states happened in January.  I never received a notice or heard any word that the tenant fell which certainly raised red flags that him nor his wife ever mentioned falling on the property.. 

The tenant obtained a wheelchair and months later I saw a wheelchair ramp built on my property entrance way. I never received a request for this modification and I know there was no permit pull nor is it up to ADA Code.

I recently put up a sign limiting parking to 1 car in our parking lot since this tenant usually had 2 cars parked there (which I allowed temporarily since some tenants did not have cars) and he started accusing me of discrimination, and harassment etc, over his parking situation.. (This is a 6 family with about room to park 6 maybe 7 vehicles safely) I explained some tenants were now buying vehicles that previously did not have one, and I wanted everyone to have fair access to 1 space.. This made the tenant furious with a nice 5-6 page emails threatening a lawsuit with ADA/HUD allegations, retaliation etc....Ridiculous..I did make reasonable accommodations to allow this tenant to have right to closet entrance in the parking lot and even allowed his wife 2nd closest parking spot since he states she is his "caregiver" after that request was sent in.

My main concern is the wheelchair ramp and the liability with this . I addressed this in a letter to the tenant concerning this unauthorized repair, not made by a licensed contractor, not up to code and worst off not a repair requests because it clears states in my lease like most, all repair requests need to be sent in writing..

Im worried about the liability and what to do with this "self made" wheel chair ramp that was put up unauthorized and being held liable from the Town/Zoning, My Insurance company, and also the safety of my tenants..  Also the tenant is requesting that I now pay for these unauthorized repairs that he made for this ramp, which there is 0 chance I will do.  

If I tear down the wheelchair ramp it could be viewed as denying the threatening retaliation and also denying him entrance into the building, but I certainly do not want to risk the liability of having an unauthorized /non-permitted especially with this "slip and fall victim" already on my hands..   I asked the tenant to send me over the permits they were supposed to get for this wheelchair ramp, ( which I know they didnt get) and the tenant requested reasonable accommodations for handicap parking, handicap ramps (even though this ramp they already had someone build)

In the letter I wrote them, I did grant them Permission as apart of ADA guidelines permission to build a wheelchair ramp,  but the cost would be the tenants only and that the work need to be down up to town code, with ADA guidelines and that I'm not going to be held responsible for this ramp that they put up, and I believe should be the tenants responsibly to remove when they leave.

   I did inform my insurance company of this unauthorized wheelchair ramp..Even my real estate mentor said ADA is tricky and this is quite the scenario and to speak with my insurance company with. The tenant does collect disability even before this "phantom" slip and fall, and I'm afraid of the liability at hands, and the longer this guy is on the property, he's going draw up a lawsuit any which way he can.


Any help and suggestions would be great..