Minnesota Renters: ADA vs. FHA Accessible Housing Rights

As a Minnesota renter, it’s important to know your rights to accessible housing if you or someone in your household has a disability. Understanding the differences between the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) can help you confidently request accommodations and resolve issues with your landlord.

Understanding Your Rights: ADA vs. FHA in Rental Housing

Two major federal laws protect renters with disabilities: the ADA and the FHA. While both aim to ensure accessibility, they apply in different ways:

• Americans with Disabilities Act (ADA): Generally applies to public spaces, including certain rental offices, but not to most privately owned residential apartments.
• Fair Housing Act (FHA): Applies to nearly all rental housing and protects renters from discrimination based on disability. It requires landlords to make reasonable accommodations and modifications for tenants with disabilities.

ADA in Minnesota Housing: Where It Applies

The ADA mainly covers common areas open to the public, such as rental offices, lobbies, or community spaces. If you experience accessibility barriers in these areas, you can pursue an ADA complaint.

FHA in Minnesota: Your Key Source of Rights

For most renters, the FHA is the primary protection. Minnesota follows the federal FHA, which means landlords must:

• Allow reasonable modifications (physical changes, such as installing grab bars). Renters usually pay unless the building receives federal funding.
• Grant reasonable accommodations (changes to policies, like allowing a service animal even if there’s a no-pet rule).

In addition, Minnesota law (see Minnesota Human Rights Act) provides further protection against disability discrimination in housing.^[1]

Requesting Disability Accommodations or Modifications

If you need an accommodation or physical modification, the process typically involves:

• Making a written request to your landlord with details about what you need and why
• Providing documentation if the disability is not obvious
• Working with your landlord to find a reasonable solution

Key Official Forms and How to Use Them

• Reasonable Accommodation/Modification Request Form (no standard state form; many use sample letters or forms based on HUD guidance). For advice, see the HUD Joint Statement on Reasonable Modifications.
  • When to use: If you need a policy change (accommodation) or structural change (modification) due to a disability.
  • How to use: Submit this form or a formal letter to your landlord. Clearly state your needs and provide supporting documents if necessary.
• Discrimination Complaint Form (Minnesota Department of Human Rights)
  • When to use: If you believe your landlord has denied a reasonable accommodation or discriminated against you based on disability.
  • How to use: File online or download the form via the Minnesota Department of Human Rights - Housing Discrimination Complaints.

Enforcement and Where to Get Help

Complaints can be filed with the Minnesota Department of Human Rights, which enforces state housing anti-discrimination laws, or the federal HUD Office of Fair Housing and Equal Opportunity. For disputes, Minnesota renters may also address issues through local courts or the department above.

Relevant Minnesota Tenancy Legislation

• Minnesota Statutes Chapter 504B – Landlord and Tenant
• Minnesota Human Rights Act (Chapter 363A)

FAQ: Accessibility & Disability Rights for Minnesota Renters

1. Do landlords in Minnesota have to let me make accessibility modifications?
   Yes, under the Fair Housing Act and Minnesota law, landlords must generally permit reasonable modifications for accessibility. You are usually responsible for the costs, but federal funding may change this.
2. Can my landlord ask for proof of my disability?
   They can request documentation if your disability isn’t obvious. However, they cannot ask intrusive questions or require your medical records.
3. What if my landlord refuses a reasonable accommodation?
   You can file a housing discrimination complaint with the Minnesota Department of Human Rights.
4. Is there a deadline for requesting accommodations?
   No set deadline, but making your request early can help prevent misunderstandings or delays.
5. Who decides if a modification is "reasonable"?
   Both you and your landlord should discuss the request. If you disagree, the Minnesota Department of Human Rights can help review your case.

Key Takeaways for Minnesota Renters

• The ADA protects access to public spaces; the FHA is your main protection in rental housing.
• Minnesota law adds extra support against disability discrimination in housing.
• Helpful forms and official agencies are available if you need to request modifications or file a complaint.

Need Help? Resources for Renters

• Minnesota Department of Human Rights: File a Housing Discrimination Complaint
• HUD: How to File a Fair Housing Complaint
• Minnesota Attorney General: Housing Rights for Renters
• Minnesota Landlord and Tenant Law (Chapter 504B)

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1. See Minnesota Human Rights Act (Chapter 363A) and Landlord and Tenant Law (Chapter 504B) for state-level protections.
2. Federal accessibility laws: Americans with Disabilities Act and Fair Housing Act.
3. For official guidance and sample accommodation request materials, see the HUD Reasonable Accommodation and Modification Guidance.
4. File discrimination complaints with the Minnesota Department of Human Rights.

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