My elevator needs servicing and will not be accessible for two weeks.
My top-floor tenants are wheelchair bound. How should I address the
situation with them?
This is potentially a very serious situation. Normally, the withdrawal of
the elevator service for two weeks would entitle non-disabled tenants to
seek a rent reduction for a decrease in housing services. The owner should,
in that instance, allow a reasonable rental rebate for the inconvenience so
as to avoid a Rent Board hearing for decrease in housing services without a
corresponding decrease in rent. However, in this case, the tenants are wheelchair bound, so the withdrawal
of the elevator effectively precludes them from meaningful access to their
unit. Therefore, the landlord must meet with the tenants well before the
anticipated date of closing down the elevator and inquire as to how the
tenants wish to be accommodated. Most certainly, the tenants will need to
be provided with alternative housing. This substitute lodging could include
an empty unit on the first floor of the landlord’s building, but in all
likelihood would entail a hotel with full disability access. The owner must
give serious thought to ensuring that the tenants are placed into acceptable
lodging during the two-week period, and the costs associated with the
replacement housing should be borne by the owner.
Failure to make this offer of replacement housing could subject the owner to
a claim of constructive and wrongful eviction. If the tenants cannot access
their unit because the elevator service has been terminated, they have been
deprived of the use of their rental unit. Even though the owner may be
acting properly by servicing the elevator, a wheelchair bound tenant has no
realistic ability to enter and exit the dwelling during this work. Thus,
the landlord is obligated, both legally and ethically, to provide reasonable
accommodations. Paying for the substitute hotel room is a matter of courtesy and would
probably be ordered if the tenants sued the landlord. The disabled tenants
are able to live in a multi-story building because of the elevator. Without
this service for an extended period of time, they have no ability to use
their home. Thus, they will be greatly inconvenienced by having to relocate
for two weeks, and a good landlord will minimize this stress and hardship by
paying for a clean and comfortable place to live until the elevator is
running again.
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