Handicapped access for rentals

[Jim Bentley]

The government is running radio ads locally to let renters know that they can't be discriminated against. The ads are basically little 8 second audio skits ("Once we showed up to look at the property, and the landlord saw our race, the property was suddenly not available." ... "When the landlord heard that I was single with 5 kids, he said he wouldn't rent to me" ... etc.). The ad ends by telling renters to contact some federal agency if they feel they've been discriminated against.

I don't have any problem with those scenarios, but one skit had a wheelchair-bound man complaining that he couldn't find a rental, because none of them were handicap-accessible (stairs, no ramps, narrow hallways).

I understand that if I refuse to rent to somebody because of their race or familial status, I can get sued, and I will probably lose. Is lack of handicap access also grounds for a discrimination lawsuit? Is it going to get to the point where we have to provide wheelchair ramps/bath bars/etc. upon request?

[Derek Smith]

@Yuliany W.

My understanding of the AZ tenant/landlord laws are vague, yet simple in this aspect.

As a landlord, you must maintain a healthy living habit. As a tenant you must respect and maintain the home. If after the walk through inspection the tenant did not make any claim to wanting/needing a handicap bathroom, you are under no obligation to provide that. However, I would go as far as if you both are able to agree on mutual terms to install the tub and perhaps the tenant pay for labor of re-installing the old one, a contract should be drawn up.

Furthermore, if the tenant fails to gain approval on the remodel; during the move out inspection that may be considered as "damages" because it was not left in the same condition as it was rented as.

I am no lawyer, this is how I've interpreted the rental laws in AZ. Here is what I use to reference:

https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

http://www.law.arizona.edu/Library/Research/Guides/landlord_tenant.cfm