Portland’s rental market is diverse, vibrant, and competitive. As a landlord, offering accessible housing can expand your pool of potential tenants, comply with legal standards, and make your property more appealing to renters with disabilities. Understanding the accessibility requirements for rental properties is not only a legal obligation but also a way to foster inclusivity and equity in the housing market.
This guide provides an in-depth overview of accessibility requirements and best practices for Portland landlords, ensuring compliance while enhancing your property’s value.
Legal Framework for Accessibility
One of the most important considerations for any landlord is staying compliant with local, state, and federal law. There are many legal guidelines on accessibility to follow: here are a few to keep in mind.
Fair Housing Act (FHA)
The Fair Housing Act is a federal law that prohibits housing discrimination based on disability, among other protected classes. The FHA requires landlords to make reasonable accommodations and modifications to ensure that tenants with disabilities can enjoy equal access to housing.
- Reasonable accommodations are changes in policies, rules, or practices that allow a tenant with a disability to fully use and enjoy the property. Examples include allowing a service animal in a no-pet property or reserving a parking space closer to the building.
- Reasonable modifications involve physical changes to the property, like grab bars in bathrooms or lowering countertops. While tenants typically cover the cost of modifications, landlords cannot refuse reasonable requests without valid justification.
Americans with Disabilities Act (ADA)
While the ADA primarily applies to public spaces, it’s relevant for landlords if their rental property includes public areas, such as a leasing office or shared amenities. These spaces must comply with ADA standards, ensuring accessibility for all individuals.
State and Local Laws
In addition to federal requirements, Oregon and the City of Portland have laws that support tenants with disabilities. Portland landlords should familiarize themselves with the Oregon Residential Landlord and Tenant Act (ORLTA) and any local ordinances that address accessibility and tenant rights.
Common Accessibility Features for Rental Properties
So, you want to make your property more accessible or figure out how to market an accessible property to show its best aspects. Where do you begin? These features are a great start when it comes to accessibility.
Accessible Entrances
Accessible housing begins before you’re even inside the home. A property should have at least one entry point that is wheelchair accessible, including a ramp or zero-step entry. Doorways must be wide enough (typically 32 inches or more) to accommodate mobility devices.
Bathroom Modifications
Accessible bathrooms are crucial for tenants with disabilities. Features may include grab bars near toilets and showers, roll-in showers, and adjustable-height sinks. Even small modifications, like installing lever-style faucets, can make a significant difference.
Kitchen Accessibility
An accessible kitchen design ensures that tenants can cook and use appliances independently. Features may include lower countertops, pull-out shelves, and accessible appliances with front-facing controls.
Parking and Pathways
If your property offers parking, ensure that accessible spaces are available and properly marked. Pathways leading to the property and common areas should be free of obstructions, well-lit, and have slip-resistant surfaces.
Common Areas
Shared spaces, such as laundry rooms, gyms, and mailrooms, should be accessible to tenants with disabilities. This includes providing ramps, elevators, or lifts where necessary.
Addressing Requests for Modifications and Accommodations
As a landlord, you may receive requests from tenants for accommodations or modifications. Here’s how to handle these requests effectively:
- Respond Promptly and Professionally: Oregon law requires landlords to respond to accommodation requests within a reasonable timeframe. Delays or dismissive responses could lead to legal challenges.
- Request Documentation if Necessary: You may ask for documentation that verifies the tenant’s need for the accommodation, as long as the request doesn’t violate privacy laws. For example, a note from a healthcare provider may suffice.
- Understand Cost Responsibilities: Tenants are generally responsible for the cost of modifications, but landlords cannot charge additional fees for approving them. In federally subsidized housing, landlords may need to cover some modification costs.
- Ensure Reversibility: Tenants may be required to restore the property to its original condition upon moving out, but only if the restoration is reasonable and does not cause undue financial hardship.
Tax Benefits for Accessible Properties
Making your property accessible doesn’t just benefit tenants—it can also offer financial advantages for landlords. The Disabled Access Credit is a federal tax incentive for small businesses, including landlords, who incur costs to make their properties accessible. This credit covers up to 50% of the expenses for eligible modifications, such as installing ramps or widening doorways.
Additionally, accessibility improvements can increase your property’s market value and attract long-term tenants, reducing turnover and vacancy rates.
Proactive Steps for Portland Landlords
If your rental is not accessible and you’re ready to change that, don’t be afraid to dive in. With these steps, you’ll be compliant with legal requirements and able to rent to a wider market of tenants in no time.
Conduct an Accessibility Audit
Before renting out your property, consider conducting an accessibility audit. This involves evaluating your property to identify barriers that could limit access for individuals with disabilities. You can hire professionals who specialize in accessibility assessments to ensure your property meets current standards.
Stay Updated on Building Codes
Portland has specific building codes that address accessibility, particularly for new constructions and major renovations. Ensure your property complies with these codes to avoid fines and legal challenges.
Create an Inclusive Application Process
Your tenant screening process should be accessible to all applicants. This includes providing application forms in alternative formats (e.g., large print or digital versions) and ensuring that communication methods are accessible to individuals with hearing or vision impairments.
Foster Open Communication
Encourage tenants to communicate their needs and concerns openly. Building a strong landlord-tenant relationship based on trust and respect can help resolve accessibility issues more efficiently.
The Benefits of Accessibility
Making your rental property accessible isn’t just about compliance—it’s about fostering inclusivity and creating a welcoming environment for all tenants. Accessible properties appeal to a broader range of renters, including seniors, families with young children, and individuals with temporary injuries.
In Portland’s competitive rental market, accessibility can set your property apart and attract responsible, long-term tenants. Demonstrating a commitment to inclusion also enhances your reputation as a landlord and contributes to a more equitable housing landscape.
If you’re interested in making your property more accessible but don’t know where to start — or even concerned that your building may not be compliant with housing laws — Rent Portland Home Darla Andrew’s Office is here to help. We work with trusted vendors for maintenance, repairs, and renovations to ensure you get the best return on your rental investment. With our team on your side, you’ll never have to worry about staying up to date with complicated and ever-changing property law again. To hear more, give us a call at (503) 515-3170 or reach out on our website.
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