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As an Architect, I have spent a substantial portion of my career working with the American with Disabilities Act and Texas Accessibility Standards. Most of those do not apply to existing single family homes, but some do. The U.S. Fair Housing Act requires the following. Texas Accessibility Standards as well as some City Standards also have similar laws echoing this. I know the City of Austin does. (I bolded some parts to make them stand out below).
What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
Additional Protection if You Have a Disability
If you or someone associated with you:
Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
Have a record of such a disability or
Are regarded as having such a disability
your landlord may not:
Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
Example: A building with a no pets policy must allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
I think the best practice for landlords to follow is to allow tenants to make modifications to their dwellings at their expense. This does not mean that the landlord has to allow them to do the construction themselves, it is in the landlords best interest to contract it out to a reputable contractor to make sure it is done properly and meets all other City construction codes.
In the case of a brick walkway, at the main entrance to a house, that is a known tripping hazard, it would be in the landlords best interest to replace that with concrete so that they don't get sued for any injuries that might take place there. Any person, disabled or not, could trip and fall on that uneven surface.
In the case of a brick walkway, at the main entrance to a house, that is a known tripping hazard, it would be in the landlords best interest to replace that with concrete so that they don't get sued for any injuries that might take place there. Any person, disabled or not, could trip and fall on that uneven surface.
Yes, I have been concerned about the brick walkway, mainly because the bricks can get slippery. We've only had this property about 2 years; the prior owner died and we bought it from his brother. What is interesting is the prior owner was in a wheelchair, so I have been surprised about the front walkway. We always price our rentals on the very low side of competitive to give us a wide pool of applicants for our very picky applicant requirements. And, this strategy has worked...never have had to do an eviction yet (she says, knocking on wood table... ). This family has a very modest income -- and I am certain they will not participate in the cost to install the sidewalk. We will also be doing some other repairs before they move in so our profit on this house is really low if we also put in the sidewalk. But, we are leaning heavily towards going ahead and doing it........especially since the mobility impaired new tenant is NOT nimble at all on her crutches. She has a lot of difficulty moving and even struggles to manuver over the threshold....
Yes, I have been concerned about the brick walkway, mainly because the bricks can get slippery. We've only had this property about 2 years; the prior owner died and we bought it from his brother. What is interesting is the prior owner was in a wheelchair, so I have been surprised about the front walkway. We always price our rentals on the very low side of competitive to give us a wide pool of applicants for our very picky applicant requirements. And, this strategy has worked...never have had to do an eviction yet (she says, knocking on wood table... ). This family has a very modest income -- and I am certain they will not participate in the cost to install the sidewalk. We will also be doing some other repairs before they move in so our profit on this house is really low if we also put in the sidewalk. But, we are leaning heavily towards going ahead and doing it........especially since the mobility impaired new tenant is NOT nimble at all on her crutches. She has a lot of difficulty moving and even struggles to manuver over the threshold....
If she can easily enter from the garage, you may not need to do anything. Other then accept the risk of a lawsuit if anyone injures themselves on the front walk. Maybe some minor repairs to the walk would be a big improvement. Sounds like it might be easy to do with a shovel and some sand. You have to assess for yourself to what degree that is a risk. Best wishes...
would go ahead and re-do the front sidewalk, Just to update the property and lower your liability for everyone. Do NOT discuss the accessibility or safety of the property with them, then you are assuming responsibility. Talk to your real estate agent, get a big umbrella policy---about 2 million, and do NOT breathe a word of it to ANYONE, including family. Otherwise, people will be lined up to fall down on your property!
Do NOT say you are re-doing the sidewalk for safety, then you're assuming liability. Just say its to update the property.
How old is the handicapped daughter? You say she's on SSI, so she's probably not planning to move soon. You could get yourself some good, long-term tennants.
You might also want to consider placing your rental unit(s) in an LLC, that way, your assets are protected.
Being that I have disabilities, the only advice I can give you is that you exercise full caution when (and if) you proceed with any modifications. You should always make sure that whoever does the modification is certified/licensed, and that the unit is reasonably safe. What you take for granted could be a huge liability to you.
Also, if I were you, I would only agree to the modifications if they agreed to sign a long-term lease, and a bigger deposit (since you have much more to lose). It is after all costly to you to do this. I would never move into a place that wasn't already modified (not that I really need it), I'd simply find a place that already suits my needs.
Location: When you take flak it means you are on target
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This is a diffcult situation. Speaking for myself I would probably offer to have them replace the sidewalk or reset it at their cost, OR I would get a release for injury. However I'm not sure that would stand up in court or if it's even legal with a disabled person, so my free adivce is worth what you paid.
Something to consider is if your property would be enhanced or damaged by replacing brick with concrete. Most properties would look better with brick.
An easy and durable way to set brick - I've done hundreds of feet this way. I smooth out the base, then I dump dry mortar about an inch thick, set the brick about 3/8 inch apart then sweep mortar into it. Wet it down and wallah - flat solid brick. Done right this will last many years.
We have an adult son with Down syndrome who is 25 years old and as a parent of a child with disabilities I can tell you that they more than likely have already thought this through. I am always troubleshooting situations on how to make them work with our son's needs. I don't know if it would be possible or not but sometimes there are funding sources for things like this but with cuts the way they are, I am not sure if anything is available. If it were me and, of course, I biased, I would ask if they were sure the walkway was going to be a problem for their daughter. You seem like a thoughtful person and I hope you choose them.
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). This family has a very modest income -- and I am certain they will not participate in the cost to install the sidewalk. We will also be doing some other repairs before they move in so our profit on this house is really low if we also put in the sidewalk. But, we are leaning heavily towards going ahead and doing it........especially since the mobility impaired new tenant is NOT nimble at all on her crutches. She has a lot of difficulty moving and even struggles to manuver over the threshold....
