Massachusetts Accessibility Standards: ADA vs. FHA Explained

Understanding accessibility laws is essential for Massachusetts renters with disabilities. Two major federal laws—the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA)—set accessibility standards and protect renters from discrimination. If you’re renting in Massachusetts and need accommodations, knowing how these laws work can help you get the support you need at home.

ADA and FHA: What Are They and Who Do They Protect?

The Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) both protect people with disabilities, but they apply in different ways:

• ADA: Primarily applies to public spaces (like rental offices, laundry rooms, or community centers), not to private dwellings.
• FHA: Covers discrimination in most private and public housing, including apartment buildings, condos, and rental homes. It requires landlords to provide reasonable accommodations and some accessible features.

In Massachusetts, renters also benefit from state law, which may provide even stronger protections than federal laws.

How Accessibility Standards Work for Massachusetts Renters

ADA standards ensure that shared areas in apartment buildings (such as a leasing office or community room) are accessible to people with disabilities. The FHA goes further by requiring accessibility in some housing units and making it illegal to refuse reasonable accommodations or modifications in most rentals built after March 13, 1991.

Common Accommodations Under the FHA in Massachusetts:

• Permission for service animals even if pets aren’t usually allowed
• Grab bars in bathrooms or ramps at building entrances
• Reserved parking near a unit for someone with mobility needs
• Allowing a live-in aide for tenants with disabilities

Owners can require you to restore the unit (like removing a ramp) when you move out but cannot refuse reasonable modifications or accommodations unless it causes an undue financial or administrative burden.

Key Differences: ADA vs. FHA Rights for Massachusetts Renters

• Scope: ADA applies to public/common-use areas; FHA applies to your actual rental unit.
• Enforcement: ADA complaints go to the U.S. Department of Justice; FHA complaints in Massachusetts are handled by the U.S. Department of Housing and Urban Development (HUD) or the state’s Massachusetts Commission Against Discrimination (MCAD).
• Accommodations: Both allow for reasonable accommodations, but FHA is more focused on your home’s accessibility.

Always check with the MCAD or housing agency if you're not sure which law applies to your situation.

How to Request an Accommodation or Modification in Massachusetts

If you need a change (such as installing a ramp or bringing a service animal), you have the right to make a request in writing. You do not have to use a specific form, but including certain details can help your case.

Suggested Details for a Written Request:

• Your name and address
• The accommodation or modification requested
• How it relates to your disability

Tip: It’s helpful to keep a copy of your request and any responses for your records.

Official Forms and Complaint Options

• MCAD Housing Discrimination Complaint Form
  When to Use: If your landlord refuses a reasonable accommodation or discriminates due to a disability, you can file this form.
  How to Use: Download, complete, and submit it to MCAD. Find the official form and filing instructions here.
• HUD Housing Discrimination Complaint Form (Form 903)
  When to Use: If you choose to file at the federal level.
  How to Use: Complete and submit online or by mail. Access HUD’s official submission portal here.

The Massachusetts Commission Against Discrimination (MCAD) is the official state board handling residential tenancy discrimination complaints. For housing law and tenant protections, see the Massachusetts General Laws Chapter 151B - Prohibiting Discrimination in Housing and the Massachusetts General Laws Chapter 186 - Tenancy Law.

FAQ: Accessibility and Disability Rights for Massachusetts Renters

1. Do I need to provide medical documentation for a disability accommodation?
   Landlords may ask for proof that you have a disability and need the accommodation, but they can’t ask for details about your diagnosis or medical records.
2. Can a landlord refuse an accommodation if it’s too expensive?
   If a request would cause significant financial hardship or fundamentally alter the property, a landlord may deny it. They should discuss possible alternatives with you.
3. Who pays for modifications to my apartment?
   Tenants are often responsible for paying for modifications to their own unit (like ramps or grab bars) but not for those in common areas built after 1991, which should already meet standards.
4. How long does a landlord have to respond to an accommodation request?
   There is no exact time required by law, but responses should be prompt—generally within 10-14 days.
5. What should I do if my request is denied?
   You may file a complaint with the Massachusetts Commission Against Discrimination or with HUD for possible housing discrimination.

Key Takeaways for Renters

• Both the ADA and FHA protect Massachusetts renters but apply in different ways.
• You have the right to request reasonable accommodations and modifications for disabilities.
• Use official forms to file a complaint if your rights are denied, and contact MCAD or HUD for help.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD): File housing discrimination complaints and find guidance.
• Massachusetts Government: Renter & Tenant Rights: Overview of tenant protections and contact information.
• HUD Fair Housing Assistance: Federal-level assistance and complaint filing.
• Massachusetts Legal Help - Accessibility: Easy-to-read legal guides on accessibility (see official tenant guidance).

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1. Massachusetts General Laws Chapter 151B (Housing Discrimination)
2. Massachusetts General Laws Chapter 186 (Tenant Rights)
3. Americans with Disabilities Act (ADA)
4. Fair Housing Act (FHA)
5. HUD Fair Housing Complaint Form 903
6. MCAD Housing Discrimination Complaint Instructions

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