Understanding ADA and FHA Accessibility Standards for Renters in Pennsylvania

Accessibility in housing is a right protected under both federal and state laws. If you’re renting in Pennsylvania and need accommodations due to a disability, it’s important to understand how two federal laws—the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA)—apply to your situation. This guide explains how these laws work together and what steps you can take to ensure your rental home meets your needs.

Understanding the ADA and FHA in Pennsylvania

The ADA and FHA both protect renters with disabilities, but they apply in different ways:

• Fair Housing Act (FHA): The FHA covers most types of housing and prohibits discrimination against renters with disabilities. Landlords must make "reasonable accommodations" or allow "reasonable modifications" at the renter’s expense. This applies to both public and private housing.^[1]
• Americans with Disabilities Act (ADA): The ADA mainly covers public spaces and government-owned housing. It applies if your rental is connected to a public area, like the leasing office or shared amenities.^[2]

In Pennsylvania, these laws work together to provide broad protection, ensuring housing is accessible and modifications are possible when needed.

Key Differences between ADA and FHA

• Where they apply: FHA covers all types of rental properties. ADA applies mainly to public/common spaces in housing complexes.
• Accommodations vs. Modifications: FHA gives renters the right to request reasonable accommodations (changes in rules or policies) and modifications (physical changes) to help with a disability.
• Who is covered: FHA covers private landlords, public housing, and some short-term rentals. ADA covers government entities and public areas only.

Requesting a Disability Accommodation in Pennsylvania

If you need an accommodation or modification in your rental due to a disability, you can make a formal request. This protects your rights and ensures there’s a record of what you asked for.

How to Request an Accommodation

• Write a letter or use the HUD Disability Accommodation/Modification Request Form to ask your landlord.
• Be specific about what you’re requesting and why it’s needed due to your disability.
• Keep copies of all communication for your records.

You can find an example of a request form at the HUD’s Joint Statement on Reasonable Modifications. In Pennsylvania, you can use a written letter or checklist as long as it clearly describes your needs.

Relevant Form: HUD Housing Discrimination Complaint Form (Form 903)

• Name: Housing Discrimination Complaint Form (HUD Form 903)
• Use: File this form if you believe your landlord is refusing a reasonable accommodation or discriminating against you based on disability.
• Where to get it: HUD Housing Discrimination Online Complaint
• Example: You asked your landlord for a wheelchair ramp and they denied your request without discussing alternatives—you may file this form.

In Pennsylvania, you may also file a complaint with the Pennsylvania Human Relations Commission (PHRC) if your accommodation request is denied.

Who Handles Tenant Complaints in Pennsylvania?

The Pennsylvania Human Relations Commission (PHRC) is responsible for investigating housing discrimination complaints, including those related to disability accommodations.

• PHRC will mediate or investigate your complaint and can take legal action if necessary.
• You also have the option to file with the U.S. Department of Housing and Urban Development (HUD).

Relevant Pennsylvania Tenancy Legislation

The primary law governing tenant rights in Pennsylvania is the Landlord and Tenant Act of 1951.^[3] For accessibility, both the federal Fair Housing Act and the Americans with Disabilities Act apply.

Frequently Asked Questions

1. What’s the difference between an accommodation and a modification under the FHA?
   An accommodation is a change in policy (like allowing a service animal). A modification is a physical change to your rental (like installing a grab bar).
2. Can my landlord refuse my request for an accommodation?
   Landlords can only deny requests if they are unreasonable, would cause financial hardship, or create significant structural changes. They must discuss alternatives if they refuse.
3. Does the ADA apply to my individual apartment?
   Generally, the ADA only covers public/common spaces, not private rental units. The FHA covers both public and private rentals for accessibility needs.
4. How do I prove I need an accommodation?
   You may need to provide a doctor’s note or documentation showing your disability and the need for the accommodation, but landlords aren’t allowed to ask for a detailed medical history.
5. Where do I file a discrimination complaint in Pennsylvania?
   File with the Pennsylvania Human Relations Commission or HUD online using the official complaint form links provided above.

Conclusion: Key Takeaways

• Both the FHA and ADA protect renters with disabilities in Pennsylvania, but in different ways.
• Always make written requests for accommodations and keep documentation.
• Use official forms and resources like PHRC and HUD if you need to report discrimination.

If you need clarification or support, official agencies are ready to help.

Need Help? Resources for Renters

• Pennsylvania Human Relations Commission (PHRC): Investigates housing discrimination and helps with complaints.
• File a Fair Housing Discrimination Complaint with HUD: Online form for reporting issues with disability accommodations.
• ADA Housing Guidance from the U.S. Department of Justice: Official ADA information and resources.
• Pennsylvania Landlord and Tenant Act: State legislation about tenant and landlord obligations.

---

1. Fair Housing Act (FHA): HUD – Fair Housing Act Overview
2. Americans with Disabilities Act (ADA): U.S. Department of Justice – ADA Housing Topic
3. Pennsylvania Landlord and Tenant Act of 1951: Official Legislation

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations