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For landlords, creating accessible rental properties is not only a legal obligation but also a smart business strategy. Accessibility can enhance the appeal of a property, attract a broader range of tenants, and ultimately improve your return on investment (ROI) while keeping you in line with all necessary regulations. But what are the national, Oregon state, and Portland accessibility requirements for rental properties? Here’s our breakdown, as well as an explanation of how making your property accessible can benefit your overall rental business.
National Accessibility Requirements
At the national level, the primary legislation governing accessibility in rental properties is the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).
Fair Housing Act
The FHA, enacted in 1968 and amended in 1988, prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability. For rental properties, the FHA requires landlords to make reasonable accommodations and allow reasonable modifications to ensure accessibility for disabled tenants. This includes:
- Allowing tenants to make physical modifications to their units at their own expense (e.g., installing grab bars or ramps).
- Providing reasonable accommodations in policies, practices, and services to give disabled people the same opportunity to use and enjoy a dwelling (e.g., allowing service animals despite a no-pet policy).
Americans with Disabilities Act
While the ADA primarily addresses public accommodations, it applies to rental properties with public areas such as leasing offices. Landlords must ensure these areas are accessible, which includes providing ramps, accessible restrooms, and other necessary accommodations.
Oregon State Accessibility Requirements
Oregon follows federal guidelines but also has additional state-specific regulations to enhance accessibility in housing.
Oregon Revised Statutes (ORS)
Oregon’s laws reinforce the requirements of the FHA and ADA. Under ORS 659A.145 and ORS 659A.421, it is unlawful to discriminate in renting or leasing housing based on disability.
Landlords must:
- Allow reasonable modifications to rental units at the tenant’s expense.
- Make reasonable accommodations in policies and practices to provide equal housing opportunities.
Building Codes for New Properties
Oregon’s building codes incorporate accessibility standards that align with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). This includes requirements for accessible entrances, routes, and features in new construction and significant renovations in properties that receive state or local funding.
Portland Accessibility Requirements
Portland has additional local regulations to promote accessibility in rental housing, ensuring that the city’s housing stock meets the needs of all residents.
Portland’s Fair Access in Renting (FAIR) Ordinance
Portland’s FAIR Ordinance, effective as of 2020, includes provisions that enhance accessibility. It aims to eliminate barriers to housing for vulnerable populations, including individuals with disabilities. Key aspects include:
- Application Process: Landlords must use a first-come, first-served system for processing applications, which helps prevent discrimination.
- Accessibility Modifications: The ordinance aligns with state and federal requirements, emphasizing landlords’ obligations to permit reasonable modifications and accommodations.
Benefits of Accessible Rental Properties
Beyond legal compliance, making rental properties accessible offers numerous benefits that can positively impact your ROI.
Incentives for Accessible Housing
Portland offers incentives for developers and landlords to create and maintain accessible housing. This includes density bonuses for multifamily units and financial incentives for properties that exceed minimum accessibility requirements.
Attracting a Wider Tenant Pool
Accessible properties appeal to a broader range of tenants, including seniors, individuals with permanent disabilities, and people recovering from injuries or illness. By accommodating these groups, landlords can reduce vacancy rates and ensure a steady stream of potential renters.
Enhancing Tenant Retention
Tenants in accessible units will likely want to stay longer, reducing turnover and associated costs. Happy tenants who feel their needs are met are less likely to move, leading to a more stable rental income for you and a comfortable, long-lasting home for your renters.
Positive Reputation
Properties that prioritize accessibility can build a positive reputation in the community. Positive reviews from satisfied tenants can enhance your property’s desirability and attract more renters.
Financial Incentives
There are various financial incentives for landlords who invest in accessibility. This includes federal tax credits, state grants, and local subsidies aimed at promoting accessible housing. These incentives can offset the costs of modifications and improvements for your rental, which may ultimately allow you to collect more money through rent.
Future-Proofing Your Property
With an aging population in America, the demand for accessible housing is expected to grow. By investing in accessibility now, landlords can future-proof their properties and remain competitive in the evolving rental market.
4 Practical Steps for Ensuring Accessibility
To comply with accessibility requirements and reap the associated benefits, landlords should consider the following steps.
1. Conduct Accessibility Audits
Regularly audit your property to identify areas that need improvement. You may need to hire a professional to assess compliance with FHA, ADA, and local regulations. If you are currently housing tenants with disabilities, it may benefit you to check in with them that their needs are being met.
2. Implement Reasonable Modifications
Work with tenants to implement reasonable modifications. This could include installing ramps, widening doorways, and adding grab bars in bathrooms. Ensure modifications are documented and meet the necessary standards.
3. Develop Accessibility Policies
Create clear policies for handling requests for accommodations and modifications. To ensure a consistent and sensitive experience for your tenants, you should train your staff to understand these policies and respond appropriately to tenant needs.
4. Stay Informed of Regulations
Above all, stay updated on federal, state, and local regulations regarding accessibility. You may even want to attend workshops, consult legal experts, and join landlord associations to stay informed. This will help you avoid serious fines on top of alienating your tenants.
Prioritize Accessibility to Build a Better Rental Business
Ensuring your rental property meets accessibility requirements is not only a legal obligation but also a strategic move to enhance your property’s appeal and profitability. By complying with national, state, and local regulations, landlords in Portland can create a business that provides quality rental housing for all qualified tenants. Investing in accessibility today can lead to significant returns tomorrow.
If you’re ready to maximize your rental property’s potential and ensure compliance with accessibility requirements, consider working alongside a professional property management company like Rent Portland Homes Darla Andrew’s Office. Our longstanding expertise in the Portland market can steer you through the complexities of accessibility regulations, implement necessary modifications, and create an inclusive and welcoming environment for all tenants. Contact us today at (503) 515-3170 to learn more about how we can assist you.
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