HOUSING
For many young people, both with and without disabilities, a big milestone on the path to adulthood is living on their own, or with peers rather than parents or guardians. Before taking the step of renting an apartment or house, however, it’s important to understand the different options available as well as potential pitfalls.
Types of HOUSING
Most housing is private housing where you are responsible for the full market rent. Most large apartment complexes are private housing, for example. You can also find housing where the rent is more affordable. Some landlords participate in the Low-Income Housing Tax Credit (LIHTC) program, and the rents at these apartments may be less than the going market rate for similar apartments. You can learn about the LIHTC program at www.nhlp.org/resource-center/low-income-housing-tax-credits.
You may also be interested in “subsidized housing.” This refers to federal, state and local government programs that reduce the cost of housing for low-income individuals. There are many different types of subsidized housing. Three of the most well-known are:
1 | Public Housing.
2 | Project Based Section 8 Housing.
3 | Section 8 Housing Choice Voucher program.
These subsidized housing programs can offer housing stability because your rent is adjusted based on your income. To learn more about subsidized housing in your area or apply for Public Housing or the Section 8 Housing Choice Voucher Program, contact your local housing authority. Contact information is available at www.hud.gov/states/florida/renting/hawebsites.
To apply for Project Based Section 8 Housing and the LIHTC program, you need to contact each housing complex separately. You can find lists of affordable housing near you using the U.S. Department of Housing and Urban Development (HUD) “resource locator”
You can also learn more about subsidized housing programs at clsmf.org/service/housing.
Renting
For most young people, first living on your own means renting an apartment or house. When you rent, you enter into a contract with a landlord. The landlord is usually a property management company or the person who owns the apartment or house. A rental contract is called a lease. Leases should include important details such as how long the lease is for (for instance, is it for a month, certain number of months, or year?); how much the rent is and when it is due; and what charges you, as the tenant, are responsible for (for instance, pest control, electric, late fees, etc.).
For private housing, a lease can be either oral (verbal) or in writing. While a lease can be oral, it is better to get a written lease so that the things you and the landlord agreed to are documented and you benefit from other protections.
When you rent an apartment or house, you will most likely be required to pay a security deposit. A security deposit is money set aside to pay for any potential expenses for the landlord caused by you, including breaking your lease early or damaging the property. Be sure to give your landlord a forwarding address at least seven days before you move out. After all, they cannot return your security deposit if they don’t know where to find you.
After you move out, your landlord has 15 days to return your security deposit in full or 30 days to give you written notice telling you why they are keeping all or part of it. This notice must tell you that you have 15 days to dispute or disagree with their decision. Remember to keep a copy of all letters you get from your landlord as well as all letters you send to them. You can learn more about security deposits at www.clsmf.org/security-deposit-on-rental-homes.
In general, you can prevent problems with your security deposit by:
- Doing a walk-through of the apartment before you move in and taking pictures of any damage that is already there (bring a witness if you can);
- Filling out a damages sheet before you move in and sending it to your landlord;
- Removing all of your belongings and cleaning the apartment before you move out;
- Taking photographs of the apartment after your belongings are out and you have cleaned; and
- Making sure your landlord has a forwarding address for you.
If you and a roommate are “co-tenants” and have just one lease, you are both responsible for all of the rent. So, if your roommate moves out, you must pay all the rent. This means it is important to be cautious about who you choose as a roommate and, if possible, have a separate lease for each roommate.
Be sure to read your lease to know how to ask for maintenance in your apartment or house. Your landlord must keep your apartment “up to code,” which includes ensuring you have heat, hot and cold running water, screens on windows and working plumbing (among other things). It is a good idea to make any requests for maintenance in writing and keep copies.
If after making requests, you feel you landlord is neglecting their duty to maintain the apartment, one thing you can do is to call code enforcement. You can find your local code enforcement office by searching your local government’s webpage or doing a general online search. You are not allowed to make repairs yourself and then deduct the charges from the rent unless this is written into your lease.
You can learn more about your landlord’s obligations to maintain your apartment and what to do if they don’t at www.floridalawhelp.org/content/do-you-have-to-pay-rent-if-your-rental-home-needs-repairs.
Your landlord can come into your apartment for a few reasons. For instance, a landlord can come into your apartment to make repairs with reasonable notice (at least 12 hours ahead of time) or at any time if there is an emergency. You can learn more about your rights as a tenant and your landlord’s obligations at www.floridabar.org/public/consumer/tip014 and www.clsmf.org/renters-rights-evictions.
An eviction is when your landlord files a lawsuit with the court and asks to have you removed from your rental apartment or house. Reasons for eviction include non-payment of rent and violations of the lease. Your landlord must give you a written notice before filing an eviction. A landlord is also not allowed to turn off your utilities or lock you out to make you leave. If your landlord files an eviction against you, you should contact local legal aid immediately (www.thefloridabarfoundation.org/florida-legal-aid-programs). It is important to act quickly to protect yourself. You will only have five days to respond to an eviction and, if you don’t respond, you will lose. Read more about evictions at www.clsmf.org/renters-rights-evictions and www.floridalawhelp.org.
Disability Discrimination and the Fair Housing Act
The Fair Housing Act is a federal law that makes it illegal to discriminate against people when they are renting or buying a home or engaging in other housing-related activities, such as obtaining a mortgage. Specifically, the Fair Housing Act says that a landlord can’t discriminate against you based on disability, race, color, religion, national origin, familial status or sex. Learn more about the Fair Housing Act
It is important to understand that discrimination based on disability goes beyond refusing to rent to someone because of their disability. It might mean charging extra fees because of a disability, refusing to provide housing-related services in a non-discriminatory way, requiring people with disabilities to live in one part of an apartment complex, and other illegal practices.
Under the Fair Housing Act, discrimination may also mean refusing to provide a reasonable accommodation or modification necessary to give someone with a disability equal opportunity to use and enjoy a dwelling. In the context of housing, a reasonable accommodation may be a change in a landlord’s rules, policies, practices or services. Common reasonable accommodations include requests for assigned parking spaces or to waive pet fees for assistance animals. A reasonable modification is a structural change to a residence or common area. One common reasonable modification is to install wheelchair accessible ramps.
It is important to note that there must be a relationship (called a “nexus”) between the request for accommodation or modification and your disability. As a result, depending on the request, and your disability, you may need to provide information about your disability and/or need for the accommodation or modification.
Resources
Advocacy in Action: Hailey’s Story
Hailey was born legally blind and has lost vision progressively overtime, with dramatic decreases in early adolescence.
By the end of 10th grade, she started using a white cane for orientation and mobility. Upon graduation from high school, Hailey decided to attend Florida Polytechnic University to study business analytics. Due to her vision impairment, she does not drive, so living in a dorm was especially important to her.
In March of her high school graduation year, Hailey received her guide dog, which was trained by Guiding Eyes for the Blind. She started Florida Polytechnic University that August and lived in a dorm for her first two years. In addition to a little extra room to accommodate her guide dog, she requested and received the reasonable accommodation of a first-floor room in case of emergency. Overall, her first two years were uneventful as she transitioned to college life.
In March of her high school graduation year, Hailey received her guide dog, which was trained by Guiding Eyes for the Blind. She started Florida Polytechnic University that August and lived in a dorm for her first two years. In addition to a little extra room to accommodate her guide dog, she requested and received the reasonable accommodation of a first-floor room in case of emergency. Overall, her first two years were uneventful as she transitioned to college life.
When the university changed property management companies, however, Hailey encountered problems. The new company did not have the same policies and wrongly believed it was not responsible for providing her these accommodations at no cost because her residence was an apartment and not a traditional dorm. The company had one spot available on the first floor, and it was a larger room, but they proceeded to charge her more. If Hailey was not legally blind, she would not have needed the first-floor room. It was not Hailey’s fault the only first-floor spot they had available happened to be a suite. Her request was only to level the playing field.
Hailey met with the property management company and advocated to not be charged extra due to her disability. The company would not budge. Hailey reached out to the university, but it responded that their hands were tied since it did not own the property. After numerous attempts to rectify the problem, Hailey did not know where to turn. The university contacted Hailey with a resolution that would be an “average of the room costs,” which in the end would amount to an additional $2,000 she did not have. That’s when she reached out to Florida’s Division of Blind Services, which recommended she contact Disability Rights Florida.
After an intake process, Hailey was assigned to a Disability Rights Florida lawyer, who advocated on her behalf to the property management company and the university. The lawyer educated Hailey on advocacy and explained that what the university was proposing would amount to a housing surcharge just for having a disability. The lawyer also negotiated with the general counsel of the university, but they said that, while the university wanted to accommodate Hailey, it could not force the management company to do so. After numerous discussions and unsuccessful attempts to resolve the situation, the lawyer explained to Hailey the option of filing a complaint with the Office of Civil Rights. Hailey decided to let the lawyer file the complaint on her behalf.
The lawyer educated Hailey on advocacy and explained that what the university was proposing would amount to a housing surcharge just for having a disability.
The Office of Civil Rights agreed to investigate the complaint and, after several months, negotiated a successful resolution. Hailey’s complaint not only resolved her matter, but also prompted a change in policy that now benefits all students with disabilities residing in the dorm. As a result, students with disabilities received a refund of the difference between what they were charged and what they should have been charged. Going forward, students with disabilities will not be charged extra for reasonable accommodations. Hailey was ecstatic with the outcome, as it resulted in a systemic change. She was a successful advocate, for her and others with disabilities.