Portland, OR asked in Civil Rights, Constitutional Law, Landlord - Tenant and Libel & Slander for Oregon

Q: Can landlords ask you what your disabilities are when you ask for a reasonable accommodation for more time to move out?

I asked my current landlord for a reasonable accommodation for more time to move out based on my disabling conditions. When he replied via email he said “Could you please clarify : What is the nature of your disability? To be clear, (we) are not questioning your assertion that you are disabled and take you at your word. The residence, as I am told, is a two story residence with stairs.  You have never requested that any modification be made to the premises due to any disability.”

Note: That last statement is not true. There is documentation on record and two requests for modification had been sent over the years, both denied by the owner without a reason given.

Then in another email he stated the following “We are not trying to probe into your medical issues.  It is just that you seem to blame your disability for your inability to find a rental to re-locate.”

Are they allowed to ask me what my disabling conditions are and is that language discriminatory?

1 Lawyer Answer
Katherine Goodman
Katherine Goodman
  • Portland, OR
  • Licensed in Oregon

A: You did not state whether or not when you asked for additional time if you gave your landlord a letter from doctor along with your request for reasonable accommodation. If you did not, you should contact your doctor for a letter to give to your landlord. If you did give a letter to your landlord, you should contact a local landlord tenant attorney to discuss your options.

Good luck.

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