Posted by Bill Gatten on May 27, 1999 at 14:51:48:
John,
Phew! What a relief! I couldn’t figure it out… I kept thinking: “Why, this guy seems knowledgeable, honest, intelligent, moral, fair and ethical… and has human qualities… he CAN’T be attorney!”
Rental to Hearing Impaired - Posted by bill
Posted by bill on May 26, 1999 at 11:17:24:
I have never had anyone with disabilities in my properties and have the opportunity to rent to a lady who is hearing impaired (cannot hear anything) and reads lips but I have a hard time getting her to understand me. She has a dog that she says has been trained to help her when someone knocks at the door, etc. Do I have any liabilities in renting to this person? Is there anything that I need to do to the rental property (house) legally if I do rent to her? or do I just treat her as any of my other tenants?
Re: Rental to Hearing Impaired - Posted by Tom
Posted by Tom on May 27, 1999 at 03:23:46:
I can speak from this perseptive. I am hearing impaired. Have been all my life and know of others in the same boat. I have rented, brought and I do investing in real estate. I see no problem in renting to this lady. If you need help communicating with her. Let me know and I’ll be glad to help.
Tom
Re: Rental to Hearing Impaired - Posted by Mike_OK
Posted by Mike_OK on May 26, 1999 at 18:08:41:
Bill,
I have had a hearing impaired renter for over five years. I did install a special smoke detector that flashes the lights in case of a fire.
I consider this tenant to be one of the best that I have ever had.
My recommendation is to rent to the person if they are otherwise qualified.
Re: Rental to Hearing Impaired - Posted by Tim
Posted by Tim on May 26, 1999 at 12:15:32:
Bill:
It is illegal for you to base a decision to rent or not based on a prospective tenants disability. The Americans with Disabilities Act does not only cover employment situations but also applies third party situations as well. I am an insurance management liability underwriter full time. My company has more nuances of this law than you can imagine. The fact is, if she decides to rent from you, you may have to pay for an “reasoanble” changes to the property to accomodate her.
Talk to a lawyer. These issues really bear out the current conventional wisdom to incorporate to protect from personal liability.
Tim
Re: Rental to Hearing Impaired - Posted by Bill
Posted by Bill on May 27, 1999 at 08:27:39:
Hi, Tom,
I already heard about smoke detector with lights which I guess are available (i have never looked for these), is there anything else that I should be aware of from your perspective.
By the way, I rented the house to the lady and we communicated via her niece since she can only understand about half of what I say. She will be moving in a couple of weeks.
Thanks.
Bill
Re: Rental to Hearing Impaired - Posted by bill
Posted by bill on May 26, 1999 at 12:28:51:
Tim,
I have several applications for my rental property and I liked the lady and her mother(both are moving together), she appears to qualify as do another couple which looked at the property at the same time. I was only concerned with whether I would have to spend money out of pocket for her or she would pay for it, I do not know and I just wanted to get other people’s experience on this.
Re: Rental to Hearing Impaired - Posted by Tom
Posted by Tom on May 27, 1999 at 18:14:04:
I can find out the local chapter for Self help for hard of hearing people in your area for her (SHHH)
if she is not awre of the group. This can be very helpful to her. Just need the town your located in.
This may take a few days.
Its a wonderful organization and it’s free.
I can’t think of anything else at this time, but to tell you that you have just rented to a very special person and you won’t regret it.
Tom
Re: Rental to Hearing Impaired - Posted by Tim
Posted by Tim on May 26, 1999 at 12:42:13:
Sorry if my reply sounded confrontational, it was not intended. Again, you cannot base your acceptance or denial of her on her disability.
In addition, in as much as we are blessed with a congress that uses words like “reasonable” in their legislation, you may be forced to accomodate at YOUR expense if the accomodation is deemed to be “reasonable.” In my experience outside of REI, “I can’t afford to accomodate” is not considered a reasonable response. In any event, even if you would not have to make or pay for any accomodations due to her diasability, you can not base your decision on the disaability.
IMHO, if you felt comfortable with her as a prospective tenant and she qualifies, why not rent to her?
Again, talk to your lawyer.
Tim
Re: Rental to Hearing Impaired - Posted by bill
Posted by bill on May 26, 1999 at 14:52:39:
I just talked to Fair Housing and they stated that I would not have to pay for any modifications required by the hearing impaired. FH stated that any modifications to the home would have to be made and paid for by the tenants.
Re: Rental to Hearing Impaired - Posted by Tom
Posted by Tom on May 27, 1999 at 18:21:12:
When I was a tennet (spelling) I didn’t demand any favors and I am sure most hearing impaired folks don’t either. You’ll find that people like me ( hearing impaired) are just the opposite from normal people. We have to try harder in order to cope with society. It’s very difficult but most prevail. Once you get to know them and their special circumstances.
Tom
Question for Bronchik, Behle or other Attorney who post here. - Posted by Tim
Posted by Tim on May 26, 1999 at 15:17:17:
That’s good to know, but, not to overly belabor the issue, did the person specifically speak to the ADA issue as opposed to FH? I ask because I have heard of companies in other businesses such as retail and restaurants being forced to add ramps and such to provide access to customers in wheel chairs. I was concerned that if there are accomodations that can be made to make a property suitable for the hearing impaired, you might be forced to make them under ADA.
I would concede that maybe there are none specific to the hearing impaired, but say a person in a wheel chair applied and was qualified. Might you be forced to build a ramp?
Maybe we should get the J.D.'s like Bronchik and Behle to add their input. Let’s see what we get back from them.
Tim
Re: Rental to Hearing Impaired - Posted by bill
Posted by bill on May 28, 1999 at 11:14:44:
Tom,
The house is located in Rittman, Wayne County, Ohio. Closest towns are Orrville (Wayne County) and Wadsworth(Medina County), largest closest cities are Akron, Medina and Wooster.
Re: Rental to Hearing Impaired - Posted by Tom
Posted by Tom on May 28, 1999 at 01:30:57:
Did I say Normal people? I can’t believe I said that!
I meant normal hearing folks.
Re: Question for Bronchik, Behle or other Attorney who post here. - Posted by Bill
Posted by Bill on May 27, 1999 at 08:34:45:
Tim,
I called the Fair Housing people, the fellow that I spoke with did not have an answer and called me back in about 1 hour after he had spoken with his supervisor who is the FH manager. I do not know whether ADA was considered or not, I did not ask. If I had thought about it, I guess I should have asked. Is there a State Agency that I can contact about ADA? I live in Ohio, I assume that if there is one, it should be in the state capital. Perhaps the fellow that wrote here that says that he is hearing impaired can answer this question.
Thanks again for your guidance.
Whoa. - Posted by John Behle
Posted by John Behle on May 26, 1999 at 23:33:12:
I guess I may be making too many posts or comments related to legal matters. Though I’ve received a lot of training in real estate law as a broker and studied it, I am not an attorney. I hope I haven’t given that impression. I do see many of the ways people get into trouble and as a broker am constantly terrorized (they call it education) by the state as to legal matters.
Re: Rental to Hearing Impaired - Posted by Tom
Posted by Tom on May 28, 1999 at 15:08:55:
I’ll check to see if their is a local chapter there. It will be next week until I found out as a holiday is coming up.