Understanding ADA and FHA Accessibility for Vermont Renters

Accessibility is a key issue for many renters in Vermont. If you or someone in your household has a disability, it’s important to know that strong federal and state laws protect your right to accessible housing. Two major federal laws, the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), set standards for accessibility and reasonable accommodation. But what do these laws require in practice, and how do they apply to Vermont renters? This article breaks down the differences and helps you understand how to get the access you need under Vermont law.

Key Accessibility Laws for Vermont Renters

Both the ADA and FHA protect people with disabilities, but they cover different kinds of housing and serve different purposes:

• The Fair Housing Act (FHA): Prohibits discrimination in most housing, including rental apartments and condos. It guarantees the right to request reasonable accommodations (changes to rules, policies, or services) and reasonable modifications (physical changes to the home) at your own expense, but with some limits.
• The Americans with Disabilities Act (ADA): Applies mainly to public areas, like rental offices, community rooms, and other spaces open to the public. Most private dwellings are not covered by the ADA, but common-use areas often are.

How These Laws Apply to Vermont Housing

If you rent in Vermont, here’s how these laws protect you:

• Inside your unit: The FHA is the main law protecting your rights. If you need to install grab bars, ramps, or other features, you can ask your landlord for permission. The landlord generally must allow reasonable modifications, though you may need to restore the unit when you move out.
• Shared spaces (like lobbies or mail rooms): Both FHA and ADA may apply. These spaces should be accessible, especially in buildings constructed or substantially renovated after March 13, 1991.
• Rental offices/community spaces: ADA requirements generally apply to these, even if the rest of the housing is not covered.

The Vermont Residential Rental Agreements Act also provides local protections and procedures for renters and landlords¹.

Requesting Reasonable Accommodations or Modifications

To seek changes that let you fully enjoy your rental home, Vermont renters usually take the following steps:

• Submit a written request to your landlord. Include what you need and why it relates to your disability.
• Be prepared to provide documentation (from a doctor or specialist) if asked, but only about your need for the accommodation—not your exact diagnosis.
• The landlord cannot charge extra rent or fees for a reasonable accommodation, though you may pay for physical modifications.

Relevant Forms and How to Use Them

• Vermont Fair Housing Complaint Form: Use this to file a fair housing discrimination complaint.
  • When to use: If your landlord refuses a reasonable modification/accommodation or discriminates because of disability.
  • Find the official form and instructions at the Vermont Human Rights Commission - Housing Intake Packet (PDF)

No official form is required for an accommodation request itself, but it’s best to submit in writing (email or letter).

Which State Tribunal Handles Tenant Complaints?

In Vermont, the Vermont Human Rights Commission (VHRC) investigates fair housing complaints including disability discrimination. You can also access support via Vermont Legal Aid’s Housing Assistance website.

Summary Table: ADA vs FHA

Law	Main Coverage	Applies to My Apartment?
ADA	Public/common areas; rental offices	Only shared/public spaces
FHA	Most rental housing	Yes, for reasonable modifications/accommodations

What to Do If You Need to File a Complaint

If you believe your rights under the ADA or FHA have been violated in Vermont, follow these steps:

• Gather any written communications with your landlord
• Download and complete the Housing Intake Packet
• Submit your completed form to the Vermont Human Rights Commission complaint portal.
• The VHRC will review your case and may mediate or investigate your claim

FAQ: Accessibility Rights for Vermont Renters

1. Are all Vermont rental buildings required to be fully accessible?
   Not all buildings must be fully accessible. Buildings built after March 13, 1991, have to meet certain accessibility standards under the FHA, but older buildings may not unless you request reasonable modifications.
2. Can my landlord charge extra for allowing modifications?
   No, landlords cannot charge extra rent or special fees for a reasonable accommodation. You may be responsible for paying for physical changes, like ramps or grab bars.
3. What if my landlord refuses my written accommodation request?
   If your request is denied, you can file a complaint with the Vermont Human Rights Commission using their official intake form.
4. What types of areas does the ADA cover in my apartment building?
   The ADA mostly covers public and common spaces, such as rental offices, laundry rooms, mail areas or community rooms, not individual apartments.
5. How do I know if my housing is covered by FHA or ADA?
   Most residential rentals are covered by FHA for accessibility and anti-discrimination purposes, while the ADA covers shared, public spaces only.

Conclusion: What Vermont Renters Should Know

• The FHA protects Vermont renters from discrimination and grants the right to request reasonable modifications or accommodations.
• The ADA covers rental office and shared/common areas in your building.
• If you need changes due to a disability, submit a written request to your landlord and know you can seek help from Vermont’s Human Rights Commission if needed.

Understanding these protections helps ensure safe, accessible housing in Vermont.

Need Help? Resources for Renters

• Vermont Human Rights Commission: File complaints, get advice
• Vermont Legal Aid – Housing Help: Legal assistance and tenant resources
• Vermont Residential Rental Agreements Act: Read the full landlord-tenant legislation
• U.S. Department of Justice – Fair Housing Act: Federal fair housing laws explained

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1. Vermont Residential Rental Agreements Act
2. Fair Housing Act (federal)
3. Americans with Disabilities Act (federal)
4. Vermont Human Rights Commission

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