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Thread: ADA on restoring modifications to a rental

  1. #1

    ADA on restoring modifications to a rental

    Sorry if this is the wrong forum for this but you can move if it should be somewhere else. I recently moved out of my apartment of 3 years, where the only modification I needed done was the vanity doors being removed in the bathroom sink and slight change to the shower. The shower I was able to have a friend do since it didn't require removing anything. However the building said their contractor had to remove the vanity doors and did so at no charge since they're required to cover mods up to I believe $600.

    So now they are claiming it will be $750 to install the doors back in that were removed. Which is an insane amount. If they just charged me 100 or 200 I probably would have just paid it but I'm going to fight this one. Anyone have any experience with this or know what the law is for restoring modifications? Thank you.
    -------7-23-04----------
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  2. #2
    They can make you return the unit to the original condition when you move out. That should have been included in the agreement when you were given permission to do the revisions in the first place. I would ask them to let you do the replacement yourself (subject to their inspection) and have your friends or a contracter you engage do this instead of them charging you to have it done.

    (KLD)

  3. #3
    FYI, this isn't an ADA issue. It falls under the Fair Housing Act.

    The Act prohibits housing providers from discriminating against housing applicants or residents
    because of their disability or the disability of anyone associated with them and from
    treating persons with disabilities less favorably than others because of their disability. The Act
    makes it unlawful for any person to refuse "to permit, at the expense of the [disabled] person,
    reasonable modifications of existing premises occupied or to be occupied by such person if such
    modifications may be necessary to afford such person full enjoyment of the premises, except
    that, in the case of a rental, the landlord may where it is reasonable to do so condition permission
    for a modification on the renter agreeing to restore the interior of the premises to the condition
    that existed before the modification, reasonable wear and tear excepted."


    Info: http://www.hud.gov/offices/fheo/disa...ions_mar08.pdf

  4. #4
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    Do you/they still have the original doors? 'cause it's only if they've been lost/junked that I can see any justification for that charge.

  5. #5
    [QUOTE=...So now they are claiming it will be $750 to install the doors back in that were removed. ...[/QUOTE]

    When I read vanity, I thought two small doors below the sink. Each door would likely have two hinges. Each hinge on the cabinet side could have two or three screws, let's three. Three screws times two hinges times two doors equals twelve screws. $750 divided by twelve is $62.50 per screw. Do you have a small claims court in your town?
    I have had periodic paralysis all my life. I lost my ability to walk in 2011 beginning with a spinal block, which was used for a hip fracture caused by periodic paralysis.

  6. #6
    Suspended Andy's Avatar
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    If they took the doors out, I would assume they cut the floor out so the intent of removing the doors could be realized. That means new vanity I'd think

  7. #7
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    Am I lost here? I like "nonoise" calculated the costs exactly the same way. The point is "you" were required to "allow" the rental owner's carpenter remove the doors. If they removed the doors what exactly happened to those doors? If the owners rep took them, he has the responsibility to return them to their proper place. If you received them you are responsible for the return, provided simple logic applies.

    My last job was that of a State Licensed (certified) Fire, Zoning, Building Codes Enforcement plus other municipal responsibilities in a small municipality. $62.50 per installed screw is an exorbident price for replacing those screws. "BUT" if you were responsible for the doors which are not mentioned, and could not produce them when asked for them, then I would look at it quite a bit different.

    Now if he feels as though he has to replace the whole vanity and sink, that price may be OK. But the perogative is his and the expense is his, provided you did not destroy either the doors or the existing structure of the vanity. Is this the case?

    The key is; who had possession of the vanity doors for those three years? And do you have anything in writing to reenforce you position? (he said/she said) In that case let him chase you and settle it in court if "he" takes it there. Many States have instituted "Nuisance Law Suit" laws and "HE" would be charged both sides of all Court costs if it is seen as a nuisance suit.

    Small claims are not designed for this application, though it may in some jurisdictions. It is easier to file a criminal charge, you against him for fraud, it might see the courts in this century. But that is Highway robbery.


    Andy,
    why would you cut the floor???? Explain !!! The floor inside the vanity as built is a good foot rest.
    Last edited by Bob Sullivan; 10-25-2014 at 12:08 PM. Reason: clarity

  8. #8
    Tracked you perfectly on this one Bob, door possession is key. I didn't know about nuisance law, don't know if Washington has one.
    I have had periodic paralysis all my life. I lost my ability to walk in 2011 beginning with a spinal block, which was used for a hip fracture caused by periodic paralysis.

  9. #9
    Suspended Andy's Avatar
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    Quote Originally Posted by Bob Sullivan View Post
    Andy,
    why would you cut the floor???? Explain !!! The floor inside the vanity as built is a good foot rest.
    I assumed the reason the doors were removed was to create a roll-under vanity of sorts. Cant do any rolling under if the vanity frame/floor is in the way still.

  10. #10
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    The renter "said" just the doors. I open the doors on a vanity sink and that permits my knees room enough. I also just swing my feet inside the space made available with the open doors when I run into this situation. My extended family often rent a house usually in central Florida for our get togethers (like Thanksgiving week) that are considered HP accessable, and this vanity thing is one very common problem I meet. The first is the inevitable step in front of the house. Which I usually have a set of 36" ramps in the car. The second is the sliding door rails going to the pool area. as well as a lift that is required by ADA. The AB's do not think of such things. But I rarely complain, it's not worth the effort. Most only think of support bars in the shower and toilet area. They're important as well.

    But my wheels rarely need to extend further than the front rail of the vanity to use it effectively. I use a rear wheeled power chair, maybe a mid wheeled one would be different for some folks.

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