Disability Discrimination
Grabbing Justice: How Aurora Assist Helped a Tenant with Disabilities Fight for Home Modifications
Kai had been living in their apartment for several years when they were diagnosed with a mobility disability. They needed to make modifications to their home in order to be able to navigate it safely and comfortably, such as adding grab bars in the bathroom and widening doorways to accommodate a wheelchair.
But when Kai talked to their landlord about making these improvements, he said no, no alterations could be done to the property. He asserted that he did not want to spend any money on making the adjustments himself and that the modifications would harm the property and lower its worth.
They need these improvements to continue living in their house safely and independently, which put Kai in a tough situation. They asked for help from Aurora Assist.
Aurora Assist's team of experts in ADA compliance immediately got to work on Kai's case. We reviewed the situation and itw as clear that the landlord was in violation of the ADA, which requires landlords to make reasonable accommodations for tenants with disabilities.
After a few months of negotiation, and Aurora Assist were able to help in mediating this case without it going to court. It was finally agreed that Kai could make the required changes to their unit although it was agreed that most changes (not all) would be Kai’s responsibility to pay for, however this would not be to Kai’s detriment in the event of vacating the property in the future.
Thanks to Aurora Assist's advocacy, Kai was able to make the necessary modifications to their home and continue living there safely and comfortably. Aurora Assist also worked with the landlord to ensure that he understood his responsibilities under the ADA and that he would not discriminate against any other tenants with disabilities in the future, and in fact we now count the landlord among our clients.
Please contact us today if you are having difficulties as either a landlord or tenant in navigating your way around Disability & Accessibility legislation.
If you believe that your landlord has violated the Americans with Disabilities Act (ADA), you may be able to file a lawsuit against them in court. Here are the steps you should take:
Document the violation: Keep a record of any communication you have had with your landlord regarding the issue, as well as any evidence of the violation itself, such as photographs or witness statements.
Contact a lawyer: You may want to consult with a lawyer who has experience in ADA cases to help you determine whether you have a strong case and to guide you through the legal process.
File a complaint with the relevant agency: Before you can file a lawsuit, you may need to file a complaint with the appropriate government agency, such as the Department of Justice (DOJ) or the Equal Employment Opportunity Commission (EEOC). The agency will investigate the complaint and may take action on your behalf.
Attempt mediation: Some courts require parties to attempt mediation before going to trial. Mediation can help you and your landlord come to a mutually acceptable resolution without going through the expense and time-consuming process of a trial.
File a lawsuit: If mediation does not work or is not required, you can file a lawsuit against your landlord in court. You will need to work with your lawyer to prepare your case and argue it in court.
It's important to note that the process of taking a landlord to court for ADA violations can be lengthy and expensive. However, if you believe that your rights have been violated, it may be worth pursuing legal action to hold your landlord accountable and ensure that they make the necessary changes to accommodate your disability.