Arkansas Accessibility Laws: ADA vs. FHA for Renters

Finding an accessible home can be challenging for Arkansas renters with disabilities. Two major federal laws—the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA)—offer important protections and rights regarding accessibility. Let's break down how each law applies in Arkansas so you know your rights and next steps if you need an accommodation.

Understanding the ADA and FHA: Who Is Protected?

Both the ADA and FHA are federal laws, but they serve different purposes when it comes to rental housing accessibility in Arkansas.

• ADA (Americans with Disabilities Act): Primarily applies to public spaces, including some parts of apartment complexes open to the public (like rental offices, clubhouses, or pools). It ensures these areas are accessible to people with disabilities.
• FHA (Fair Housing Act): Focuses directly on housing. It requires landlords to provide equal access and prohibits discrimination against renters with disabilities. The FHA covers most rental housing—apartments, single-family homes, and other dwellings—with limited exceptions.

For Arkansas renters, the FHA is the main law that governs your right to request accessibility modifications and reasonable accommodations in your home.^[1]

Key Accessibility Standards in Arkansas Rentals

Knowing what each law covers helps you understand when and how to request accommodations.

ADA in Arkansas Rentals

• Applies to common areas open to the public (leasing offices, community rooms).
• Requires landlords to remove barriers and provide accessible routes in these areas.
• Does not cover the interior of your private apartment or home.

FHA in Arkansas Rentals

• Covers the inside of your home and all common areas.
• Lets renters request "reasonable modifications" (like grab bars or ramps) at their own expense, unless the building is newer and already required to be accessible.
• Landlords must permit reasonable accommodations in policies (such as reserved parking, assistance animals, or flexible rent payment dates for disability-related reasons).
• Newer multi-family buildings (built after March 13, 1991) must follow design standards for basic accessibility in ground-floor units and common areas.

Requesting a Disability Accommodation or Modification

If you need a change because of a disability, you have the right to ask your landlord. While Arkansas does not require a specific state form, using documentation can help clarify your request. Here’s how renters can initiate the process:

• Draft a written request to your landlord. State that you are requesting a reasonable accommodation or modification under the FHA.
• Describe the change you need and why, linking it to your disability.
• Provide a note from a healthcare provider if requested (but you do not have to disclose your specific disability).

Official HUD Accommodation/Modification Sample Request: While there isn’t a required official Arkansas form, HUD provides a sample reasonable accommodation request letter (see Appendix B of Joint Statement). This letter can be adapted for Arkansas renters.

Example: If you need to install grab bars in your bathroom, you would send your landlord the sample letter, explain your need, and attach a healthcare provider’s note if helpful.

What to Do If Your Request Is Denied

If your landlord refuses your reasonable accommodation/modification request:

• You can file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD).
• You may also file with the Arkansas Fair Housing Commission, the state authority on housing discrimination.

Complaints must typically be filed within one year of the discriminatory act. For step-by-step instructions, see the "How to File a Housing Discrimination Complaint" section below.

Arkansas Laws and Enforcement

Arkansas follows federal standards but also offers state-level support. The main legislation governing rental relationships is the Arkansas Residential Landlord-Tenant Act of 2007.^[2] Accessibility and anti-discrimination enforcement is handled by the Arkansas Fair Housing Commission, which reviews complaints and can investigate violations.

Filing a Housing Discrimination Complaint: Step-by-Step

If you believe you’ve faced discrimination or your accessibility rights were denied, you can file a complaint. Here’s how Arkansas renters can protect their rights:

• Collect copies of all communications and supporting documents, such as medical notes or photos.
• Review the HUD fair housing complaint process.
• Complete the HUD Housing Discrimination Complaint Form (Form 903). This is used to report discrimination under the FHA.
• Submit the form online or mail it to the HUD regional office. The Arkansas Fair Housing Commission also accepts complaints directly via their state form.

Practical Example

Suppose your landlord refuses to let you install a wheelchair ramp at your own expense. You would document the request and response, then file HUD Form 903 or the Arkansas Fair Housing Commission complaint form with all evidence attached.

FAQ: ADA and FHA Accessibility in Arkansas Rentals

1. Do Arkansas landlords have to pay for accessibility modifications?
   Generally, landlords must allow reasonable modifications but are not required to pay for them unless the building is subject to newer construction standards under the FHA. Landlords can't refuse modifications if you pay for them and restore the unit upon moving out.
2. How do I request an assistance animal in Arkansas housing?
   You can send a written request to your landlord asking for an accommodation under the FHA. Attach documentation from a healthcare provider showing the animal is needed due to your disability.
3. What if my landlord ignores my accommodation request?
   If your request is ignored or denied, document your efforts and file a complaint with HUD or the Arkansas Fair Housing Commission. Keep all correspondence for your records.
4. Are single-family homes covered by the FHA in Arkansas?
   Most are, unless rented by an owner who owns three or fewer single-family houses and rents them without a broker or discriminatory advertising.
5. Can Arkansas landlords ask for proof of disability?
   Landlords may request documentation from a healthcare provider confirming you have a disability and need the accommodation, but they can't require details about your specific diagnosis.

Conclusion: Key Takeaways for Arkansas Renters

• The ADA covers public/common areas; the FHA protects your right to accessible housing.
• Arkansas renters can request reasonable accommodations and modifications—even in older buildings—under federal law.
• Use written requests, keep records, and contact the Arkansas Fair Housing Commission for help if needed.

Understanding your rights empowers you to secure accessible, comfortable housing in Arkansas.

Need Help? Resources for Renters

• Arkansas Fair Housing Commission – State authority for housing discrimination complaints, help with accessibility requests.
• HUD Housing Discrimination Complaint Process – Federal guidance and forms.
• FHA Overview at DOJ – Details about Fair Housing Act protections.
• Arkansas Residential Landlord-Tenant Act of 2007 – Official legislation for tenant rights.
• For legal assistance, contact local legal aid through Arkansas Legal Services.

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1. Fair Housing Act (FHA) Overview – U.S. Department of Justice
2. Arkansas Residential Landlord-Tenant Act of 2007

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