Can a landlord refuse gate access for medical deliveries needed by a disabled tenant?

Lexi, Chatbot

I'm sorry to hear about the difficulties you're facing with the delivery of medical supplies for your husband. Have you already tried discussing this issue with your apartment complex management?

Lexi, Chatbot

Are there any specific regulations or agreements in your lease regarding access for deliveries that you are aware of?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your delivery access issue.

Brandon

Hi there, and welcome to our service. My name is Brandon, and I'm an attorney. I'll be happy to help you out today.

Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice. Please also note that I am human, that I often need to research your answer to give you an accurate response, and that I work with other customers and get up from time to time. So please be patient while waiting for a response. Please feel free to reach out if more than 30 minutes have passed.

Brandon

First, housing providers have obligations under federal disability law. The Fair Housing Act (FHA) requires landlords and property managers to provide what are called "reasonable accommodations" for residents with disabilities.

A reasonable accommodation is simply a change in rules or policies that allows a disabled resident equal use of their housing.(42 U.S.C. § 3604(f)(3)(B))

In your case, the issue is fairly clear. Your husband is quadriplegic and relies on medical deliveries. If the building switched from a keypad system to key-only access, and that change now prevents delivery of necessary medical equipment or supplies, you can ask management to modify the rule to allow deliveries related to disability needs.

Examples of accommodations that might solve the problem include:

• Providing you with a delivery access code that can be given to medical suppliers.
• Allowing delivery drivers temporary entry through a call box or remote unlock.
• Authorizing management to provide entry for medical deliveries.
• Allowing delivery personnel to be placed on an approved access list.
• Reinstalling a keypad system or similar access method for deliveries.

The key point is that housing providers must consider reasonable requests unless the request would cause a serious burden or fundamentally change how the property operates. Allowing a delivery driver to enter for medical supplies usually does not meet that high standard.

Second, because this involves medical equipment for a disabled person, the landlord should take the request seriously once it is formally presented as a disability accommodation request.

A good next step is to put your request in writing. You do not need complicated legal language. A short letter or email explaining the situation is usually enough. For example:

• Explain that your husband is quadriplegic and depends on regular medical deliveries.
• Explain that the new key-only gate system prevents delivery drivers from accessing your unit.
• Ask for a reasonable accommodation that allows medical delivery access.
• Suggest one or two solutions that would work for you.

Once a housing provider receives a written accommodation request related to disability, they are supposed to engage in a conversation to find a workable solution.

Third, if management refuses to help after receiving a written request, you may have additional options. Many residents in similar situations have successfully resolved issues through:

• The property management company's regional office or corporate office.
• A local fair housing organization.
• A complaint with the U.S. Department of Housing and Urban Development (HUD).

HUD investigates disability access complaints under the Fair Housing Act, and filing a complaint is free. Often the situation gets resolved quickly once management realizes the issue could involve disability rights.

But before jumping to that step, I usually suggest trying one more direct approach. Sometimes the issue is simply that the property manager does not understand how serious the situation is.

You might consider contacting them again and saying something like:

"This change is preventing medical deliveries for my quadriplegic husband. I am requesting a reasonable accommodation under the Fair Housing Act so medical supply deliveries can access our building."

That language alone can often prompt a more careful response.