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Disability Discrimination & Negligence

Disability Discrimination & Negligence

Under the Americans with Disabilities Act, the Fair Housing clause requires landlords to provide tenants with reasonable exceptions and accommodations in order to suit their disability. The ADA information site says that if a landlord has a no pets rule, they would likely be forced to make an exception for that rule for the sake of a person with a service animal.

The idea of reasonable exceptions also applies to people with disabilities who are unable to walk. If an apartment building has no elevator and a wheelchair-using tenant requests a first-floor unit for the same rate as another floor, the landlord might be forced to oblige. If they did not oblige, they could be found in violation of the ADA.

How ADA Rights Violations Often Plays Out

However, consider a more common scenario.

A tenant who requires braces to walk requests a first-floor apartment. The landlord says no, but rather than report it and make it an issue—which is well within his or her rights—the tenant settles for a second-floor unit instead. The tenant is forced to move up and down the stairs slowly and dangerously, but they do so because that’s “how life is sometimes.”

One day, the tenant slips on the stairs and suffers a severe head and back injury. On top of the tenant’s original disability, he or she is now facing mounting medical bills, loss of income, and the inability to remain independent and self-sufficient. Is that “just life sometimes”? Or is that an egregious lack of care on the part of the landlord or apartment manager?

At Tedford & Associates, our Pasadena personal injury lawyers see this situation (and others like it) as discrimination and negligence. We fight to hold discriminatory employers, apartment managers, and landlords accountable for their actions and the harm they cause. More importantly, we fight to get people with disabilities the money they need for medical care, lost wages, and future security.

Our firm has seen far too many people hurt because they were not given the accommodation provided to them by the law. If that happened to you or a loved one, call (626) 325-0142 for a free consultation.

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