Indiana Renters: Understanding ADA vs. FHA Accessibility Rights

If you’re a renter in Indiana living with a disability or requesting accommodations, two major federal laws protect your right to accessible housing: the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Knowing how these laws work—and how Indiana applies them—helps you advocate effectively for your needs, whether it’s a reasonable modification or an accessible entrance.

Understanding the ADA and FHA: What’s the Difference?

The ADA and FHA both protect people with disabilities but apply in different situations.

• Americans with Disabilities Act (ADA): Focuses mainly on public spaces. In rental housing, the ADA applies to common areas open to the public (like rental offices).
• Fair Housing Act (FHA): Applies directly to most rental housing, including private homes, apartments, and condos. It prevents discrimination and grants the right to request reasonable accommodations and modifications for people with disabilities.

In Indiana, both laws work together to support renters with disabilities, but most day-to-day apartment issues fall under the FHA.

Accessibility Standards for Indiana Rentals

Federal law sets basic accessibility rules, but Indiana landlords must also comply with these requirements:

• Newly built multi-family dwellings (built after March 13, 1991) must meet federal design and construction guidelines per the FHA.
• For properties with common-use areas (e.g., lobbies or leasing offices open to the public), ADA standards for accessibility apply.
• Renters can request reasonable accommodations (policy changes, like a reserved parking spot) or reasonable modifications (physical changes, like grab bars) at any time.

However, the exact obligations may vary based on building age, size, and whether areas are for private or public use.

Common Examples in Indiana Rentals

• Requesting a service animal despite a “no pets” policy (FHA accommodation).
• Installing a wheelchair ramp (FHA modification; renter may need to pay unless the property receives federal funding).
• Ensuring the leasing office is wheelchair accessible (ADA requirement).

How to Request Disability Accommodations in Indiana

Indiana renters should make all accommodation or modification requests in writing. You do not need to use special language, but it is often helpful to submit a formal letter with supporting documentation (such as proof of disability from a healthcare provider).

Relevant Official Forms and How to Use Them

• Fair Housing Complaint Form (HUD-903.1): Use this U.S. Department of Housing and Urban Development (HUD) form if your landlord refuses a reasonable accommodation or modification, or if you face discrimination due to disability.
  Example: If your request for an accessible parking spot is ignored, you could complete this form and submit it to HUD online or by mail. File a fair housing complaint (HUD).
• Indiana Civil Rights Commission (ICRC) Housing Discrimination Complaint: You may also file a complaint with Indiana’s official housing rights tribunal via their online portal or downloadable form.
  Example: If a landlord denies your modification request, you can submit this form to the ICRC for state-level review. Indiana Civil Rights Commission Complaint Portal.

Important Indiana Tribunal and Legislation References

• Tribunal: The Indiana Civil Rights Commission (ICRC) investigates and resolves housing discrimination complaints. Learn more at the official ICRC site.
• Indiana Tenant Law: While Indiana follows federal fair housing statutes for accessibility, state-specific landlord-tenant rules are outlined in the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations.

Understanding where to file and which law applies is key for a smooth process and protecting your rights.

FAQ: Indiana Renters’ Accessibility Rights

1. Can my landlord deny my request for an accessibility modification?
   If the request is reasonable and necessary due to your disability, most landlords cannot deny it unless it causes undue financial or administrative burden. You may be responsible for costs in some cases.
2. Do I need to use a specific form to ask for accommodations in Indiana?
   No specific Indiana form is required to request an accommodation, but making the request in writing is advised. If denied, use federal or state complaint forms to escalate.
3. Does the ADA cover my apartment’s inside space?
   No, the ADA mainly covers public/common areas. Your private unit falls under FHA protection for accessibility.
4. How do I file a discrimination complaint about accessibility in Indiana?
   File online or by mail with either HUD or the Indiana Civil Rights Commission, using their official complaint portals and forms.
5. Are Indiana landlords required to pay for accessibility modifications?
   Usually, the renter covers costs for modifications unless the building is federally funded. Some exceptions may apply based on funding or local rules.

Conclusion: Key Takeaways for Indiana Renters

• FHA protects your right to reasonable accommodations and modifications in most Indiana rentals; ADA applies to public/common areas.
• Use official complaint forms from HUD or the Indiana Civil Rights Commission if your rights are denied.
• Always put your requests in writing and keep copies of all communication.

Indiana renters have powerful protections under federal and state law. Understanding the difference between the ADA and FHA—and when to use each—helps ensure your housing is fair and accessible.

Need Help? Resources for Renters

• Indiana Civil Rights Commission (ICRC): File housing complaints, get advice, and review your rights.
• HUD Fair Housing Complaint Process: National guidance for renters with disabilities.
• Indiana Code Title 32, Article 31 – Landlord-Tenant Relations: Full text of Indiana’s landlord-tenant laws.
• ADA Indiana (Midwest ADA Center): Plain English ADA information and resources for Hoosiers.

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1. Americans with Disabilities Act (ADA) – U.S. Dept. of Justice
2. Fair Housing Act Accessibility Requirements – HUD
3. Indiana Civil Rights Commission: Official State Tribunal
4. Indiana Code Title 32, Article 31: Landlord-Tenant Relations

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