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  Home> Publications > QUEST >Vol 3 No 3 Summer 1996
THE HUNT FOR THE ELUSIVE ACCESSIBLE APARTMENT
by Lori Hungate

Thousands of Americans with disabilities will be on the hunt for an accessible home or apartment this year. For those who want to rent, tracking down apartments such as the one in the following classified ad will be frustrating and time consuming:

FOR RENT: 2-bedroom wheelchair-accessible apartment with ramped entry way and wide door; central location; no pets.

Approach cautiously before taking aim at these innocent-looking targets. This particular apartment may have a ramp or elevator for easy access to the front door, but it's worthless if wheelchair users can't navigate bathrooms or hallways. Also, the location may be great - close to schools, jobs or friends. However, if curb cuts are missing or public buses lack wheelchair lifts, a good location may turn into a "landlocked" situation.

If the apartment is acceptable, a person with a service dog would have to inform the landlord that the dog isn't considered a pet and must be allowed by law. And these are just a few of the hidden traps associated with accessible-apartment hunting.

Everyone's needs are different. That's why it's important to take a close look at every aspect involved in renting an apartment. Is it in a safe location? Is it accessible for your needs? Is it comfortable? Affordable? Are the laundry facilities or recreation areas also accessible?


POSTED -- APARTMENT HUNTERS' RIGHTS

The good news is that no hunting permit is needed to seek out the elusive accessible apartment, and the Americans with Disabilities Act (ADA) of 1991 has made the hunt a little easier. Although the ADA doesn't focus exclusively on apartment rentals, provisions of the law build upon other federal legislation that does affect housing for people with disabilities. It's against the law to discriminate against people with disabilities in the sale or rental of housing. Also, Title II of the ADA prohibits discrimination in housing programs funded by state and local governments.

Other major provisions of the ADA, Fair Housing Amendments Act (FHAA) of 1988 and the Department of Housing and Urban Development (HUD) Act of 1989 include the following:

Housing Built Before 1991

  • People with disabilities have a right, sometimes at their own expense, to make reasonable modifications to existing premises that will provide them full enjoyment of the residence. (In some cases, landlords may require that the tenant restore the property to its original state before moving.)

  • Landlords must make reasonable accommodations for all people to use common areas such as lobbies, laundry facilities, clubhouses and other recreational areas, unless doing so results in undue financial hardship.

    Housing Built After March 1991

    Multifamily buildings of four or more units must follow these FHAA provisions concerning construction:

  • Common areas like laundry rooms must be accessible.

  • All doorways within housing units, including entry doors, must be wide enough to allow wheelchair passage.

  • All electrical outlets, power switches, thermostats and other environmental controls must be in accessible locations.

  • Kitchens and bathrooms must be designed to allow individuals in wheelchairs to comfortably maneuver in them. Technical guidelines follow the standards set by the American National Standard Institute (ANSI).

  • All units must be adaptable. For instance, grab bars aren't required in all bathrooms, but the walls must be reinforced to allow for future installation of adaptive equipment.

    Josie Byzek works for the Pennsylvania Coalition of Citizens with Disabilities in Harrisburg and, among other things, advises builders and architects as well as people with disabilities about the rights of those seeking accessible housing. She points out that many builders need more education about how to comply with FHAA. For instance, to be fully in compliance with FHAA, "apartment buildings with four or more units that aren't owner occupied or converted from a house, must be built with the ground floor units and all common areas accessible," she says.

    In an apartment complex with two ground floor units and two top floor units, all the bottom floor units should be accessible. "If there's an elevator in use," Byzek says, "all units are supposed to be accessible."

    Byzek says that it's the responsibility of HUD to educate architects and builders about state and federal housing laws but, with limited budgets, it's tough to get the word out. HUD's concept of providing group housing projects for people with disabilities doesn't necessarily comply with the spirit of the Fair Housing Act.

    "You don't want segregated areas," Byzek says. "It's anybody's choice where they want to live. I think our Fair Housing dollars ought to be going towards breaking down segregation, not just making group homes. That includes letting builders know about the Fair Housing Amendments Act."


    TRACK DOWN FINANCIAL ASSISTANCE

    HUD provides several financial assistance programs for people with disabilities who meet specific requirements. One program aimed directly at the renter is the Section 8 Rental Assistance Program. This program was developed to help low-income families or individuals with disabilities acquire private accommodations. To be eligible, an individual's income must not exceed 80 percent of the median income for the area in which he intends to reside, and the landlord must agree to participate.

    Advice about existing community or state funds can be found at local independent living and rehab centers. They're an excellent resource for many things, from finding funds for home or apartment modification to receiving grants for installation of special equipment.


    WHERE TO BAG AN APARTMENT

    The hunt for housing is simplified by the National Accessible Apartment Clearinghouse. NAAC is a public service program that can be contacted at (800) 421-1221 for a listing of the accessible apartments in a particular city. The list will include property names, addresses, rental rates and phone numbers of sites registered with the service so that interested parties can check on vacancies in their areas.

    NAAC spokeswoman Ruth Seyler says that there are currently more than 10,000 accessible units listed nationwide. "That's a 200 percent increase in listings compared to last year," she reports.

    "Callers can also list their requirements so that the apartments will match their needs," she says. For instance, if a roll-in shower and lower kitchen counter- tops are requested, the apartments listed will include those features. Upon request, NAAC will also provide information about low-income properties or assistance programs.

    The NAAC, established in 1992, receives information from the National Apartment Association and affiliates across the country. Apartment owners and managers fill out forms listing the specific accessible features for each unit and register them free of charge with the NAAC.


    BEWARE OF THE WAITING GAME

    Keith Williams of the Independent Living Center in Scranton, Pa., says there's definitely a need for more apartments. Resource centers often have information about public-funded or subsidized apartments, such as high-rises and those funded through HUD, he says. "However, there's also a need for private stock housing to be accessible."

    Williams, who has spinal muscular atrophy, says there is the perception that most people who have a disability are on SSI (Social Security). "We know that's not true. People do work. People do pay rent and are full-time employees, the same way with people without disabilities. Our point is that there's a need for private stock housing."

    Bill Rinaldi of Dunmore, Pa, works as clerk of judicial records for Lackawanna County, but also serves as an advocate for people with disabilities by speaking to builders about accessible housing issues, in both the public and private sectors. Rinaldi, who has a form of muscular dystrophy, believes that the need for more accessible homes and apartments is a "catch-22" situation.

    "The more that people find out about what qualities of life they are entitled to, the more that people want to request an appropriate location," he says.

    Rinaldi says he believes that the apartment waiting list and attendant care issues are closely related. "The waiting list for attendant care is getting longer and longer because today's person with a disability is learning from somebody who's getting this service. When more attendant care is available, more accessible homes and apartments will be needed. And, vice versa. As accessible apartments become available, more personal attendants are needed."


    MINDY BAGS AN APARTMENT

    Mindy Klussman, 23, and her service dog, Jenny, have lived in an accessible apartment in Austin, Texas, for the past year. She says her experience illustrates many of the pitfalls of finding an accessible apartment.

    "The location is great, it's just a few minutes away from work. But the apartment itself isn't all that good. The landlord is good about making the best possible accommodations, though," she says.

    When Klussman first started hunting for a place to live, there were very few accessible apartments available in Austin. She had just finished school, and needed an apartment for her new job. "I just started calling all the apartment locator services and calling each and every complex to find out what was available. Hardly anything was appropriate for me," she explains.

    As her search progressed, she found that each complex would have maybe two or three accessible units available and those were usually already rented.

    "Also, accessible is a relative term," Klussman says. "What one person defines as accessible, is not always true. It turned out that there were only two apartments to choose from. One was a little bigger and more expensive than what I wanted, and the other had some drawbacks, but was only minutes away from work." She selected the second one.

    Klussman's apartment has wide doorways for wheelchair access, some cabinet panels were removed so that her wheelchair can pull up to the sinks and a small cement ramp crosses the entry threshold. However, the leasing office, laundry room and mailboxes weren't accessible because of a drop to a lower level. The property managers installed a mailbox outside her front door and made arrangements to bring up her mail. Help from friends and personal attendants solved the laundry problem. Management also lowered the door knobs and attached strings to light switches to bring them to her level.

    "They (property managers) were pretty accommodating," Klussman says. "I have a service dog, Jenny, and even though pets are allowed at the complex, there's a weight limit and Jenny is much heavier. There's usually a pet deposit, but it was waived because of her service dog status. I also asked about having a roll-in shower installed, and they said yes, but that I would have to incur the costs."

    The kitchen is very small. In fact, she can't turn around in it. But the shelves, appliances and sinks are very functional.

    Klussman's best tip on finding an accessible apartment: "Start early. Give yourself plenty of time. It may take many months to find the right place."

 
     
     
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