82. A landlord's lease prohibits tenants from altering the property in any way. A tenant who uses a wheelchair cannot maneuver over the doorstep into the apartment. In addition, the tenant cannot access the bathroom facilities in the wheelchair. Which of the following is true?
Answer: D
The tenant is entitled to make the modifications necessary for apartment accessibility.
In this scenario, the tenant who uses a wheelchair has the right to make modifications to the apartment to ensure accessibility, regardless of the lease terms prohibiting alterations. This right is protected under the Fair Housing Act, which mandates that landlords must allow reasonable modifications for tenants with disabilities.
A) The landlord is responsible for making all apartments accessible to people with disabilities.
While landlords have a duty to comply with accessibility standards, they are not automatically responsible for making all apartments accessible. However, they must allow tenants with disabilities to make reasonable modifications to ensure accessibility, which is distinct from the landlord's responsibility to initially provide accessible housing.
B) The tenant cannot remedy these conditions because of the terms of the lease.
This option is incorrect because, under the Fair Housing Act, tenants with disabilities are permitted to make necessary modifications to their dwelling, even if the lease prohibits alterations. The law supersedes the lease terms in this context, allowing the tenant to address accessibility issues.
C) The landlord should not have rented this apartment to the tenant.
This statement is misleading. While it is ideal for landlords to ensure that their properties meet accessibility standards before renting, the act of renting does not automatically violate any laws. The landlord is required to allow modifications rather than exclude tenants based on their disabilities.
D) The tenant is entitled to make the modifications necessary for apartment accessibility.
This option is correct as it aligns with legal protections under the Fair Housing Act. Tenants with disabilities are entitled to make reasonable modifications to their apartments to enhance accessibility, reflecting the intent of the law to ensure equal housing opportunities.
Conclusion
The correct answer, D, is supported by the Fair Housing Act, which allows tenants with disabilities to make necessary modifications for accessibility. Options A, B, and C fail to recognize the tenant's rights under the law, emphasizing the importance of accommodating individuals with disabilities in housing situations.