Oregon Renters' Handbook - OSPIRG

Chapter 2: DiscriminationTenants WithDisabilitiesA “disability” is a physical ormental impairment which substantiallylimits one or more of aperson’s functions, such as caringfor oneself, doing manual tasks,walking, seeing, hearing, speaking,breathing, learning, and/orworking.It is illegal to discriminatebased on mental or physicaldisabilities. It is also illegal todiscriminate against people withdisabilities because they have ahearing-ear dog or seeing-eyedog or other assistance animal,or to charge an additional nonrefundablefee or deposit for theanimal. (346.690).These protections also make itillegal to discriminate becausea person is afflicted with AIDSor HIV.Landlords may not discloseif an occupant or formeroccupant is infected with or has diedfrom AIDS or HIV.Other state and federal lawsexpand the rights of tenantswith disabilities so that landlordsmust make “reasonable”accommodations in rules, policies,practices, and services asnecessary to allow a person witha disability equal opportunity touse and enjoy a dwelling. (CivilRights of Disabled People,(659A.145) and the Federal FairHousing Act, (42 U.S.C. 3601et. seq.))Landlords must also permitreasonable modifications to thepremises, at the tenant’s expense,to make the dwelling usable forthe tenant. The tenant may berequired to restore the premisesto their original condition at theend of the tenancy only if it isreasonable to do so. For example,a wheelchair ramp may have tobe removed, but widened doorswould not have to be narrowed.Although federal regulationsforbid requiring a deposit tomake these changes, they permitthe landlord to require thetenant to open an “escrow” account,with interest going to the10Oregon Renters’ Handbook