Ramp (by Lana [IN]) Apr 18, 2019 11:59 AM|
Ramp (by Robert J [CA]) Apr 18, 2019 12:33 PM
Ramp (by Lana [IN]) Apr 18, 2019 12:39 PM
Ramp (by melinda [MD]) Apr 18, 2019 4:08 PM
Ramp (by Still Learning [NH]) Apr 18, 2019 6:15 PM
Ramp (by Lana [IN]) Apr 18, 2019 6:50 PM
Ramp (by Still Learning [NH]) Apr 18, 2019 7:36 PM
Ramp (by Lana [IN]) Apr 18, 2019 7:47 PM
Ramp (by Jim In OC [CA]) Apr 18, 2019 8:35 PM
Ramp (by Hoosier [IN]) Apr 19, 2019 3:49 PM
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Ramp (by Lana [IN]) Posted on: Apr 18, 2019 11:59 AM
OK. My disabled tenants just asked me about their wheelchair ramp. They told my handyman just after they moved in 3/15, but my Lease states all requests must be made to me and not my handyman, so I said, "What ramp? You never asked ME about a ramp."
He told me they want a ramp from house to sidewalk and also handrails at the city sidewalk because there are 2 steps down to sidewalk.
I told them that was an "Allowable Modification" and under the ADA I needed to allow them to install, but not at my expense. He said a local charity would help them with expense but he wants to know if I would handrail the 2 steps to street.
I told him that I would write up an amendment to my lease as this was a structural modification of my house. I also said I would have by Saturday.. I am going to require:
1) My present step be preserved(easy they are detachable trailer steps)
2) A permit be pulled and a licensed contractor do the job.
3) The ramp be compliant with ADA and local ordinance requirements.
I told him that ramp should be at least planned out completely before handrail install because I think the required grade might take it to the sidewalk and then a handrail could be incorporated into the ramp. I do not think they can require me to put handrails at end of walkway because it's only two steps and a 14" rise and that might be on them too if they demand it.
Thoughts on the handrail and anything else I should add? I do not believe I can require it be removed and steps replaced at end because it's an exterior modification. --216.23.xxx.xx
Ramp (by Robert J [CA]) Posted on: Apr 18, 2019 12:33 PM
A landlord should allow reasonable accommodations to the property, but this doesn't mean you have to PAY for them!
There are "groups" whom assist people install items for those who are disabled. I too only will allow a "group" to do the work so long as they have liability insurance and get a permit when necessary. Also the tenant needs to carry renters insurance.
I had one tenant also install a ramp on their private front steps of their apartment unit. Other tenants kids would use the ramps to ride the bicycles, skate boards and skates. Many kids got injured and the parents wanted me to pay the medical costs. Even though I had signs and gave all of my tenants notice not to allow their occupants to play on the ramp, no one listened. --47.156.xx.xx
Ramp (by Lana [IN]) Posted on: Apr 18, 2019 12:39 PM
Thanks for the liability heads up Robert. You just added to my amendment. --216.23.xxx.xx
Ramp (by melinda [MD]) Posted on: Apr 18, 2019 4:08 PM
Not sure how this would be done, but have some sort of wording about REMOVAL from the property when the lease is up. That can be a pain in the --- to do when they leave. --24.233.xxx.xx
Ramp (by Still Learning [NH]) Posted on: Apr 18, 2019 6:15 PM
Return property back to pre-modification state unless otherwise agreed upon in writing by the landlord, including but not limited to removal and disposal of ramp, reseeding of lawn, etc. --24.61.xxx.xx
Ramp (by Lana [IN]) Posted on: Apr 18, 2019 6:50 PM
Sorry folks but external modification cannot be required to be returned back to preexisting condition, only internal modifications. I also cannot force tenant to assume liability to my dismay. The actual law is governed by the fair housing act although the ADA has its regulations,
. This is the Lease Amendment/Agreement I drew up:
Tenants and Landlord agree to the following:
1) Tenants may have a wheelchair accessible ramp placed at the front entrance/porch of unit at the Tenants’ expense and/or with the aid of a local charity.
2) The existing steps will be returned to the Landlord for storage.
3) The ramp will have a local permit pulled and will be built by a licensed contractor or a charity well experienced with the construction of a wheelchair accessible ramp.
4) The ramp will be in compliance with local city ordinances, and will comply with any Federal stipulations regarding construction such as materials, grade of ramp, and necessary handrail configuration under the Americans With Disability Act and the Fair Housing Act.
5) Ramp will be posted to forbid children and adults playing on the ramp.
6) Tenants will be responsible for maintenance of the ramp.
7) If local city ordinance officer determines the ramp must be modified after its construction to comply with local building codes, Tenants will be financially responsible for such modifications and any fine associated with failure to modify.
8) If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this agreement.
Ramp (by Still Learning [NH]) Posted on: Apr 18, 2019 7:36 PM
You sound like you have done the research. Out of curiosity, since it won’t be removed, is there any negative financial impact to you (higher insurance or taxes, lower value at sale, etc)? In theory, once they pay for this I would assume they will stay for awhile, but if there is a negative financial impact, do you have to approve the accommodation? --24.61.xxx.xx
Ramp (by Lana [IN]) Posted on: Apr 18, 2019 7:47 PM
I don't know about negative financial impact. None of my research sites dealt with this. The ADA largely deals with workplace issues and large businesses with a need for accessibility. Small landlords are covered by the Fair Housing Act and that's where I encountered the specifics. HUD has a great website if you GOOGLE "reasonable modifications". There are also "Reasonable Accommodations" where the Landlord is responsible for making alterations that have minimal financial impact such as labeling the closest parking space handicapped only.
I do not like that I cannot require they remove the ramp on moving out as it's an exterior modification nor that I cannot make them liable for a skateboarding kid. Time will tell. If they stay for 5-6 years, pay rent, and keep the place up, I will have won.
Do I have to approve the accommodation. Yes, I believe I do. --216.23.xxx.xx
Ramp (by Jim In OC [CA]) Posted on: Apr 18, 2019 8:35 PM
A few years back I had a new tenant that was going to have hip surgery. The house they’re looking at had a couple of steps up to the door. I tried to talk them into another house that only had a very small step but they weren’t interested in that one. The tenant wanted me to build a ramp for his wheelchair. I advised him I would allow the ramp but he would have to hire a licensed contractor and pull any required permits to construct the ramp. When it was going to be on his dime all the sudden he didn’t need the ramp. --99.23.xxx.x
Ramp (by Hoosier [IN]) Posted on: Apr 19, 2019 3:49 PM
Lana, looks like you've been very thorough in your approach...commendable! --99.92.xxx.xxx
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