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tattooed grandma

ADA rights

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I am going to be moving into a new apartment soon.  This is not my first go around with landlords.  However I am newly disabled and will soon be having hip replacement surgery.  My new apartment is on the third floor.  The building does have an elevator but according to the manager the owner is a cheapskate and will not repair it as it it currently out of order.  Is there any legal way I can have the landlord fix it under ADA guidelines?  I saw that I am not the only one who would benefit from this as well.

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Since you didn't indicate which state this building is located in, I can only offer some general comments.

 

The landlord may have some obligations under the law in your state to do repairs on major building systems which could, in a multi-story building, include an existing elevator.

The landlord may also have some obligations under the terms of your lease to do those kinds of repairs (check the terms of your lease to see what obligations the landlord expressly undertakes in that regard).

ADA requirements might also impose an obligation on your landlord, but it will depend in part on the size (height, square footage) and age of the building, and some other factors.

 

You should at least start with a written request to have the elevator repaired and see what the landlord's response is.

You should also consider consulting with a lawyer in your area who can advise you on the landlord's statutory obligations, and who can examine the details to determine whether you may have a good ADA claim.

If the landlord doesn't repair the elevator in response to your written request, you might have to bring a legal action against the landlord to achieve the desired result.

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