Oregon Renters: ADA vs. FHA Accessibility Rights

Renting with a disability in Oregon should not mean worrying about accessibility or fair treatment. As a renter, you are protected under both the federal Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), but these laws work differently. Understanding how these standards apply in Oregon can help you secure needed accommodations and address barriers safely and confidently.

Understanding the ADA and FHA in Oregon Rentals

The Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) both protect people with disabilities, but they have different requirements for Oregon renters, landlords, and housing providers.

Key Differences at a Glance

• ADA applies to public spaces—not most private rental housing—but covers leasing offices and common areas used by the public.
• FHA applies broadly to most residential rental properties, requiring landlords to make reasonable accommodations and sometimes allow reasonable modifications for tenants with disabilities.

In Oregon, additional protections may apply through the Oregon Residential Landlord and Tenant Act.^[1]

ADA: What Oregon Renters Need to Know

The ADA does not generally apply to individual rental apartments or private residences. However, it does apply to areas of the property open to the public, such as rental offices. It requires those areas to be accessible, with features like ramps, wide doors, and accessible restrooms.

When the ADA Applies

• Rental or leasing office spaces open to the public
• Common-use amenities open to both tenants and the general public

If you encounter a barrier in these areas, you may have rights under the ADA to request accessibility changes.

FHA: Protections for Oregon Renters with Disabilities

The FHA is the primary law protecting renters with disabilities in Oregon. It covers most rental properties and requires landlords to:

• Allow reasonable accommodations—changes in rules, policies, or services—to enable equal housing access (e.g., a service animal policy exception, reserved parking spot, rent payment by a support person).
• Permit reasonable modifications—physical changes to the rental unit—if needed for accessibility (e.g., grab bars, wider doors). In many cases, the tenant pays for the modification, but the landlord should not unreasonably deny the request.

For detailed steps and your rights, see HUD's guidance on reasonable accommodations and modifications.

Requesting Accommodations in Oregon

You do not need to use a specific form to request an accommodation or modification, but it's best to do so in writing and keep a copy. The Oregon Bureau of Labor & Industries (BOLI) provides a sample Sample Reasonable Accommodation Request Letter.

• Name: Sample Reasonable Accommodation Request Letter
• When used: To formally request a disability-related accommodation from your landlord (for example, asking for a reserved parking spot closer to your door)
• How to use: Fill in the details, state your request, and submit directly to your landlord. Retain a copy and proof of delivery.
• See the official sample form from BOLI

If Your Request Is Denied

If your landlord denies or ignores your accommodation request, you can file a complaint with BOLI or HUD.

• Form: Housing and Community Services Discrimination Complaint Form
• When used: To report housing discrimination because of disability or denial of a reasonable accommodation
• How to use: Complete the online complaint form with BOLI or contact HUD directly via their Online Housing Discrimination Complaint Form

Which Tribunal Handles Rental Disputes in Oregon?

The Oregon Judicial Department (OJD): Landlord and Tenant Services is responsible for rental disputes, including accessibility or reasonable accommodation issues that result in eviction, non-compliance, or legal action.^[2]

Relevant Tenancy Legislation in Oregon

Oregon tenants and landlords are governed by the Oregon Residential Landlord and Tenant Act, which works alongside federal protections.^[1]

FAQ

1. What’s the difference between ADA and FHA for renters in Oregon?
   The ADA mostly covers public spaces and offices, while the FHA protects renters in their homes by ensuring reasonable accommodations and modifications for people with disabilities.
2. How do I request a reasonable accommodation in Oregon?
   Make your request in writing to your landlord, clearly stating your needs and keeping a copy. Use Oregon's sample form for guidance.
3. Can a landlord deny my disability accommodation request?
   Landlords can only deny requests if they are unreasonable or impose an undue burden. Denials must have a valid reason.
4. What should I do if my landlord refuses my request?
   File a complaint with the Oregon Bureau of Labor & Industries or HUD for assistance and investigation.
5. Does Oregon require landlords to pay for accessibility modifications?
   Usually, tenants pay for reasonable modifications, but landlords must allow them if reasonable and sometimes restore the property to its original condition.

Conclusion and Key Takeaways

• The ADA and FHA offer different protections—most Oregon renters are covered by the FHA’s requirements for reasonable accommodations and modifications.
• Request accommodations in writing and know your right to file a formal complaint if denied.
• Use official Oregon resources and forms to document your needs.

Knowing your rights empowers you to ensure a safe, accessible living space.

Need Help? Resources for Renters

• Oregon Bureau of Labor & Industries: Civil Rights & Fair Housing — File discrimination complaints and get guidance.
• Oregon Judicial Department: Landlord and Tenant Services — Tribunals and court information for rental disputes.
• HUD: Reasonable Accommodations and Modifications — Federal guidance on your housing rights.

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1. Oregon Residential Landlord and Tenant Act
2. Oregon Judicial Department: Landlord and Tenant Services

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