Doing Business

COURT REPORT

Court says ADA doesn’t apply to residential housing
A U.S. District Court in North Carolina recently dismissed a lawsuit brought against a residential landlord by a former tenant who alleged that the landlord had violated the Americans With Disabilities Act.

The purpose of the ADA, enacted in 1992, is to assure equal access and services to disabled individuals.

The tenant, who occasionally needed a wheelchair, alleged that the landlord refused to allow her to make improvements-including installing a portable Jacuzzi, temporary ramps, and a removable above-ground pool—to the single-family home she leased from him.

The court dismissed the suit, ruling that since the home was privately owned residential housing and not a place of public accommodation--such as a hotel or an inn--the ADA did not apply.

In a footnote, the court noted that the tenant’s claims would probably also fail under the Fair Housing Act. The court said that since the landlord did not appear to own more than three single-family homes, he was most likely exempt from the fair housing law’srequirements.

Hanks v. Tilley, 15 Nat’l Disability L. Rep. 155 (M.D.N.C. 1999).

Adapted from The Letter of the Law, NAR’s online legal newsletter, part of One Realtor Place^®.

For in-depth information about the ADA, consult NAR’s ADA Compliance Kit posted in the Legal Section of One Realtor Place®(www.onerealtorplace.com).