ADA and FHA Accessibility Rights for Florida Renters

Florida renters with disabilities are protected by two key federal laws: the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Although both offer important rights regarding accessibility and accommodations, they apply in different ways, and knowing the distinctions can help you get the support you need. This article breaks down what each law covers, Florida-specific rules, and the steps to take if your rental isn’t accessible.

Understanding the ADA and the FHA in Florida Rentals

The ADA and FHA both protect people with disabilities, but they apply to different types of housing and provide different rights.

ADA (Americans with Disabilities Act)

• Applies mainly to public spaces—like leasing offices, community centers, and amenities in rental complexes—not to individual apartments.
• Landlords must ensure these public and common-use areas are accessible, following guidelines set out in the ADA Title III regulations.

FHA (Fair Housing Act)

• Applies to most types of housing, including apartments, condos, and houses for rent.
• Requires landlords to allow reasonable modifications to the unit (like grab bars or ramps) and to make reasonable accommodations to rules or policies for disabled renters.¹
• Applies to all buildings with four or more units (built after March 13, 1991) for specific construction and design accessibility standards.

For Florida renters, this means you are likely protected by at least the FHA, and sometimes both laws. Practical example: if you need a wheelchair ramp to your apartment building, the ADA covers the route to public areas; the FHA addresses accessibility within your unit or the building’s common areas.

If You Need an Accommodation: Forms and Steps

Renters in Florida should make their accommodation or modification request to their landlord in writing. While there is no specific mandated state form, using a written request ensures there’s a record.

• Reasonable Accommodation/Modification Request Letter
  This is a written note (email or printed letter) explaining your disability-related need. If your landlord wants “proof of disability,” you may provide a note from a health professional but do not have to share your diagnosis.
  See guidance at HUD's reasonable accommodation overview.
  Example: “I have a disability and request a ramp at the entrance of my building, as a reasonable accommodation under the Fair Housing Act.”

In Florida, if your request is denied or ignored, you have the right to file a complaint with the Florida Commission on Human Relations (FCHR), which enforces the FHA at the state level.

How to File an Accessibility Complaint in Florida

• Florida Commission on Human Relations Housing Discrimination Complaint Form
  This is the main form used to report housing discrimination, including failure to accommodate disabilities. Complete it online or by mail.
  Find forms and instructions here: File a Housing Discrimination Complaint (FCHR).
  When to use: If your landlord refuses or ignores your accessibility request.

Alternatively, you can file a federal complaint with HUD. See HUD’s complaint process page for federal filing.

Key Florida Tribunals and Legislation

• The Florida Commission on Human Relations (FCHR) handles rental housing complaints.
• The main tenancy law is the Florida Residential Landlord and Tenant Act (Chapter 83, Florida Statutes).

It’s important to act quickly—complaints generally must be filed within one year of the alleged discrimination.

FAQ: Accessibility Rights in Florida Rentals

1. Do I have to pay for modifications like grab bars or ramps?
   Under the FHA, if your building falls under the Act and was built before March 13, 1991, you may have to pay for certain modifications. But landlords cannot refuse reasonable requests. After March 13, 1991, apartment buildings with four or more units generally must be built to accessibility standards.
2. Can my landlord ask for medical records?
   Landlords can ask for confirmation that you have a disability and the need for an accommodation, but not for your diagnosis or detailed records. A note from a health provider is usually enough.
3. What if I need my lease rules changed (like having a service animal)?
   You can request a reasonable accommodation under the FHA for rule changes, such as keeping a service or emotional support animal, even if the building doesn’t normally allow pets.
4. How long does my landlord have to respond to my request?
   There is no fixed deadline, but landlords should respond promptly—generally within a few days to two weeks. Document dates in case there are delays.
5. Where can I get help if I feel my rights are being violated?
   Start with the Florida Commission on Human Relations or HUD's Fair Housing resources.

Key Takeaways for Florida Renters

• ADA covers public areas, FHA covers your rental unit and policies
• Request accommodations or modifications in writing—keep records
• If denied, file a complaint with the Florida Commission on Human Relations

Clear communication and understanding your legal rights make a difference when dealing with accessibility in Florida rentals.

Need Help? Resources for Renters

• Florida Commission on Human Relations (FCHR) – Handles accessibility complaints and enforces the FHA in Florida
• U.S. Department of Housing and Urban Development (HUD) - Fair Housing
• ADA.gov – Resources for understanding ADA public accessibility
• Florida Residential Landlord and Tenant Act (Official Statute)

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1. See the HUD overview of the Fair Housing Act. FHA protection applies broadly to rental housing, including common areas and policies.

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