FAIRFIELD, Ohio — Marina Sandoval and her wife, Grace Umbaugh, say they faced weeks of silence, a denial, and now a bill for nearly $2,000 after asking their apartment complex for a reasonable accommodation related to a disability.
The couple, who lived at The Villages of Wildwood in Fairfield, said they began the process on March 28 after Umbaugh’s health made it unsafe to continue living in a second-floor unit.
“My wife’s disability has kind of progressed over the last few months, making it difficult for her to move around,” Sandoval said. “We had multiple stairs to get up to our unit.”
Umbaugh has Small Fiber Neuropathy, a condition involving nerve damage that causes painful sensations. She is also hypermobile, meaning her joints are looser than normal and prone to partial dislocations.
WATCH: Couple explains the back and forth that led to a denied disability accommodation:
“Stairs are one of the hardest things for hypermobile people,” Umbaugh said.
Sandoval said they asked The Villages of Wildwood management to either transfer them to a first-floor apartment or release them from their lease without penalty if changes couldn't be made — both of which may be considered reasonable accommodations under the federal Fair Housing Act.
On April 6, she said, they were asked to provide medical documentation, which they did. The couple claims they received no further response for more than two weeks.
On April 23, Sandoval said their request was denied.
“They didn’t really give a reasonable reason as to why,” Sandoval said. “They kind of said we had outstanding obligations.”
By then, the couple said they had no choice but to move quickly into a smaller first-floor unit at another complex.
“Now I can actually leave the house and get some fresh air without worrying about stairs or being in pain when I get home,” Umbaugh said.
Legal perspective
Caitlyn Byers, a senior supervising attorney with the Legal Aid Society of Greater Cincinnati, said the Fair Housing Act requires landlords to consider reasonable accommodations — changes to rules, policies or practices that allow a person with a disability to equally use and enjoy their housing.
Examples can include allowing a guide dog despite a no-pet policy, offering a transfer to a more accessible unit, or permitting a tenant to break a lease without penalty.
“It doesn’t matter if the disability is something that moves in with you or something you acquire later,” Byers said. “A landlord can deny a reasonable accommodation if it’s an undue burden — meaning it’s going to be too burdensome for the landlord — but that is a fact-specific inquiry. It depends on the size of the landlord and the resources available to that landlord.”
Byers said a related concept, reasonable modifications, which involve physical changes to a property — such as ramps, grab bars, or altering entryways for accessibility — an be required as well, though the tenant may be responsible for the cost.
The law also calls for what Byers described as an “interactive process” — communication between landlord and tenant to explore solutions.
“Maybe the combination the tenant requested doesn’t specifically work, but maybe they can discuss alternatives,” Byers said.
Ongoing dispute
Sandoval said The Villages of Wildwood is billing them nearly $2,000 and threatening to keep their security deposit. She argues that’s a violation of federal law given the medical circumstances.
“It feels like they’re trying to make me have to keep paying or give them the money they want rather than negotiate anything with me,” Sandoval said. “We did not move because we couldn’t afford it. We didn’t move because we didn’t like it. We moved to a first-floor apartment so that she could live her life the way that she deserves to.”
The couple said they have filed a complaint with the U.S. Department of Housing and Urban Development, but the process is slow.
“The statute does allow the landlord to ask for evidence that the person has a disability,” Byers said. “But the tenant is not required to spill their entire medical history in order to get simple accommodations they need — especially if the disability is obvious.”
Sandoval and Umbaugh said they want accountability — not just for themselves, but for others in similar positions.
“Don’t back down,” Umbaugh said. “You deserve to live in the same conditions and have the same opportunities as everyone else.”
We reached out to the property owners, GoldOller Real Estate Investments LLC, for comment. They haven't responded yet.
Jay would love to hear from you and help you find solutions:
