The Americans with Disabilities Act (ADA) contains vital civil rights laws that protect individuals with disabilities from discrimination and promote equal opportunities in daily life, including living situations. Likewise, the Fair Housing Act prevents discrimination that might interfere with renting, buying, or living in a home.

As a Las Vegas landlord, understanding these laws will help you fulfill your legal obligations to your tenants and ensure you treat everyone fairly. Our Henderson and Las Vegas property management experts share what you need to know about tenant rights and ADA compliance.

Fair Housing Rights and Tenant Screening Practices

Tenant screening is a crucial step in the renting process. You want to find the most qualified applicants with good credit, stable income, and a strong leasing history. However, you must avoid discrimination against protected classes of people when choosing your next tenant—even when done inadvertently.

According to the Fair Housing Act, you cannot discriminate against or deny a tenant based on:

• Race
• Color
• National origin
• Religion
• Sex
• Gender identity or sexual orientation
• Familial status
• Disability

Additionally, Nevada Revised Statute (NRS) 118.100 reinforces the federal law with the same protections. It also establishes that it is unlawful to tell a person in a protected class that your rental property is unavailable to view or closed to applicants when it is not.

RELATED: 6 Reasons Why Tenant Screening Is Important

If My Tenant Has a Disability, Am I Required to Allow Modifications to My Las Vegas Rental Property?

Under Nevada law, landlords must allow tenants with disabilities to make reasonable modifications to their rental unit or property if the tenant pays for the modifications and the changes are necessary for the tenant to use and enjoy the premises.

However, the law also gives landlords the right to require the tenant to reverse the modifications and return the rental property to its original condition after the lease ends. This applies specifically to the authorized modifications and not normal wear and tear.

Aside from physical modifications, Las Vegas landlords must also make reasonable accommodations or exceptions to their rules, practices, and services so a person with a disability can use the rental property. In other words, landlords are legally required to be flexible with their policies to provide equal opportunities to a person with a disability.

What Are Considered Reasonable Modifications?

The Fair Housing Act defines reasonable modifications as structural changes to an existing property that is occupied by a person with a disability to allow them full use and enjoyment of the premises.

Examples of reasonable modifications to a rental property include:

• Installing a ramp at the property’s entrance
• Widening a doorway to accommodate a wheelchair
• Installing grab bars in the bathrooms
• Replacing round doorknobs with more accessible handles

If your tenant has a disability and requests these or other reasonable modifications, you must permit them under the law. Failing to comply could lead to expensive fines and legal issues.

Can I Deny Modification Requests That Are Not Reasonable?

Landlords can refuse requests that are unreasonable because:

• The modification would cause undue financial hardship
• The modification would make leasing the property in the future more difficult
• The modification was not made by or on behalf of the person with a disability
• The modification was not related to the individual’s disability

Am I Legally Obligated to Allow Service Animals in My Rental Property?

Yes. According to NRS 118.105, Las Vegas landlords cannot refuse to rent to a person with a disability who has a service animal. However, you are allowed to require proof that shows the animal provides a necessary service to the individual with a disability who is renting your property.

Proof of a service animal can come from a healthcare provider confirming that the animal serves an essential function to improve the person’s quality of life or reduce the effects of the individual’s disability.

What Is Accepted as a Service Animal?

Under the ADA, a service animal is generally defined as any dog that is trained to perform services or tasks that benefit a person with a disability, including these types of disabilities:

• Physical
• Sensory
• Psychiatric
• Intellectual
• Other mental disability

Under this definition, species other than dogs, even if they are trained, are not considered service animals. Additionally, the service animal must perform tasks or work directly related to the person’s disability.

While the ADA is federal law, state-specific rules and regulations may vary. For example, in Nevada, NRS 426.097 includes dogs and miniature horses as possible service animals. Again, you can request proof that the animal serves a critical role in the person’s daily life, but you cannot refuse to rent to an individual with a disability if they confirm their service animal is necessary.

RELATED: Pros and Cons of Allowing Pets in Your Rental Property

How Does the Fair Housing Act Apply to Vacancy Listings?

Fair housing and ADA compliance extends to rental property listings in Las Vegas, Henderson, and throughout the state, prohibiting discriminatory advertising practices. NRS 118.100 also makes it illegal to make, print, or publish advertising or marketing materials that suggest:

• A preference toward a specific group
• Limitations to who can rent
• Discrimination against a protected class of people

For example, landlords should avoid wording like “no children” or “no service dogs,” which discriminates against families or people with disabilities who depend on a service animal.

How a Property Management Company Can Help with Legal Compliance

Keeping up with federal, state, and local laws can be overwhelming, even for an experienced landlord. Working with a trusted property manager can ease the workload and help landlords avoid legal issues related to these regulations.

At Black & Cherry, our skilled Henderson and Las Vegas property managers have decades of combined experience helping landlords streamline their business and maximize their rental income. We offer advertising services, tenant screening, rent collection, accounting, maintenance, and more, all in compliance with Nevada laws.

Contact Black & Cherry Real Estate Today

Contact our award-winning property management team to learn more about our property management services. We specialize in managing residential properties throughout Clark County, including Las Vegas, Henderson, North Las Vegas, Summerlin, Centennial Hills, Spring Valley, and the surrounding areas.