ADA vs. FHA: Understanding Accessibility for SC Renters

Renters with disabilities in South Carolina are protected under both federal and state laws when it comes to housing accessibility. Two important laws—the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA)—provide critical rights, but they apply differently to rental housing. Understanding these laws can help you make informed decisions, especially if you need accessibility changes or accommodations in your home.

What Is the Difference Between the ADA and the FHA?

Both the ADA and FHA are federal laws that protect people with disabilities, but they serve different purposes and apply to different types of properties.

• Fair Housing Act (FHA): Applies to most types of housing, including apartments, condos, and houses. It requires landlords and property owners to make reasonable accommodations and allow reasonable modifications for renters with disabilities.
• Americans with Disabilities Act (ADA): Mainly applies to public places and commercial properties. When it comes to housing, the ADA usually covers areas open to the public, such as rental offices or public spaces in large buildings.

In summary, the Fair Housing Act is the core law for ensuring accessible homes in South Carolina, while the ADA applies mostly to shared or public leasing spaces.

Key Accessibility Requirements in South Carolina

Let’s break down what each law means for renters and what you can expect:

The Fair Housing Act (FHA) in Rental Housing

• Landlords must allow reasonable accommodations in rules, policies, or services if necessary for a person with a disability to use the housing.
• Renters with disabilities may request reasonable modifications to their rental unit (like installing grab bars or ramps). In most cases, renters pay for modifications unless the property is federally funded.
• It’s illegal for landlords to refuse to rent or to set different terms because of a renter's disability.

Read more about your rights under the Fair Housing Act.

The Americans with Disabilities Act (ADA) and Rental Properties

• If your building includes public areas (like a rental office or community room), those areas must be accessible under ADA.
• The ADA does not require landlords to make individual apartments accessible but covers common-use spaces used by the public.

The Americans with Disabilities Act sets the accessibility rules for these public spaces.

How to Request a Disability Accommodation or Modification

If you need a reasonable accommodation (such as a reserved parking space) or a modification (like widening a doorway), you can make your request in writing to your landlord. It's helpful to be specific about your needs and, in some cases, provide documentation from a medical professional.

Official Form: HUD Form 903.1 – Housing Discrimination Complaint

• Form Name: Housing Discrimination Complaint Form (HUD Form 903.1)
• When to Use: If a landlord refuses a reasonable accommodation or modification, or treats you differently because of a disability, use this form to file a complaint with the U.S. Department of Housing and Urban Development (HUD).
• How to Use: Complete the form and submit it online, by mail, or email. Clearly describe what happened, who was involved, and provide supporting documentation if possible.
• Submit the HUD Housing Discrimination Complaint (Form 903.1) online

If you need legal help or guidance on filing a complaint, you can contact organizations listed in the resources section below.

Which Agency Handles Tenant Issues in South Carolina?

In South Carolina, residential tenancy disputes are generally handled by the Magistrate Court. For issues related to housing discrimination, you can also reach out to local offices of the U.S. Department of Housing and Urban Development (HUD).

What State Law Covers Landlord-Tenant Rights?

Your tenancy protections—including requests for accommodations—are covered by the South Carolina Residential Landlord and Tenant Act.

FAQ: Accessibility Standards and Renter Rights in South Carolina

1. What is a "reasonable accommodation" in South Carolina rental housing? A reasonable accommodation is a change in rules, policies, or services to help a person with a disability use their home. Examples include allowing a certified service animal or installing visual doorbells.
2. Who pays for accessibility modifications in rental housing? Usually, renters pay for physical changes like ramps or grab bars, unless the building is federally funded. Landlords must allow these changes if they are reasonable.
3. What if my landlord refuses my accommodation request? If your landlord denies your reasonable request, you can file a complaint with HUD using Form 903.1 or contact local tenant advocates.
4. Does the ADA require my apartment to be accessible? ADA does not require all apartments to be accessible. However, the FHA covers residential accessibility, and public/common-use spaces must meet ADA standards.
5. Where do I go for help in South Carolina if my rights are violated? Start with the Magistrate Court or HUD offices; you can also contact the South Carolina Human Affairs Commission for further assistance.

Key Takeaways for South Carolina Renters

• The FHA is the primary law for housing accessibility—request accommodations or modifications if needed.
• The ADA applies mainly to public/shared spaces in rental properties.
• If your request is denied, official forms and agencies can help you pursue your rights.

Knowing the difference between these laws and your rights can help you live more comfortably and securely in your South Carolina rental home.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act— Full text of state tenant protections
• South Carolina Magistrate Court— Handles landlord-tenant disputes
• HUD Fair Housing Complaint Information— Steps to file a discrimination complaint
• South Carolina Human Affairs Commission— State support with discrimination issues

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1. Fair Housing Act (42 U.S.C. § 3601 et seq.), text of FHA
2. Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), ADA regulations
3. South Carolina Residential Landlord and Tenant Act
4. HUD Housing Discrimination Complaint (Form 903.1), file online
5. South Carolina Magistrate Court

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