Independent Living in Nebraska

Nebraska, known primarily for its expansive cornfields, is appropriately referred to as “The Cornhusker State.” The term is a common nickname for Nebraska locals, and is also the name of the University of Nebraska football team. While the state may be most famous for its role in the agriculture industry, there’s more to Nebraska than just farms. Cities like Omaha and the college town of Lincoln are vibrant cultural hubs with enough activity to rival cities twice their size. Nebraska’s calm, quiet atmosphere, relatively low cost of living, and convenient proximity to major cities like Minneapolis, Denver, and Kansas City make the state an ideal location to retire.

Currently, A Place for Mom partners with more than 35 independent living communities in Nebraska. The median monthly cost of independent living in Nebraska is about $2,450.

Most independent living communities are senior-exclusive rentals, with a minimum age requirement of 55+ or 62+. Independent living communities are not considered care facilities, so they are basically rental properties for seniors. Since they do not provide care services to senior residents, they’re not regulated by the Department of Health or the Department of Aging. They’re managed and run like any other rental property and must follow all federal and state renter laws.

Some independent living communities may also share a campus with assisted living facilities. In these cases, the area of the campus that provides assisted living services will be regulated differently and must abide by different laws than the independent living areas. If you wish to learn about assisted living regulations, those can be found on our Nebraska assisted living regulations page.

Read on for a basic outline of rental laws and regulations in Nebraska and for resources to help you understand your legal rights as a renter in Nebraska.

Rental requirements in Nebraska

Both federal and state laws require property owners to provide a habitable living environment. This means the apartment building common areas must be a safe environment and kept clean and well maintained. The landlord must meet the following standards per the rental lease agreement:

• Landlord must address rental unit repairs requested by tenant in a timely manner.
• Landlord must provide safe common and living areas and working appliances.
• The following utilities are under the responsibility of the landlord to provide tenant:
  • Running and hot water
  • A stove and refrigerator
  • Ventilation
  • Air conditioning
  • Sanitation and garbage
  • Elevators
  • Electrical
  • Plumbing
  • Heating

  If any of the above is not provided for the tenant, the tenant should write maintenance requests to the landlord and keep copies of all requests. This is especially important if multiple requests are not addressed over the long term. A tenant must also do their part to maintain a clean and safe apartment that complies with the housing and building codes outlined in their lease. There are more specifics in a lease, but compliance on the tenant side of the lease generally means the following:

  • Tenant will not overuse/abuse facilities and appliances.
  • Tenant will not deliberately destroy or damage the apartment.
  • Tenant will not disturb their neighbors.

  Nebraska renter handbook

  The nonprofit organization Legal Aid of Nebraska is dedicated to helping low-income as well as senior residents of Nebraska access quality legal aid in tenant-landlord disputes. They provide a Landlord and Tenant Handbook for residents of Nebraska, with an outline of tenant rights and what to look for in a quality rental. They also offer resources and advice for tenants involved in a potential legal dispute with a landlord that’s in violation of a lease or state or federal laws.

  Here are some current suggestions from the Legal Aid of Nebraska group for what to look for in a quality rental complex:

  Research the rental unit online for reviews from current or past tenants. There are many websites that have reviews, photos, and price comparisons. Reviews can give insight into any potential problems and help you prepare questions to ask before you meet with managers to sign a lease.

  Ask to tour the property. It’s advised to try to tour the exact unit you would be renting rather than a model, especially before signing the lease. If it’s not possible to tour the exact unit, you will want to at least see the same floor plan as the one you’ll be renting. The manager should also ensure that the condition of the unit you will be renting is the same. The Legal Aid of Nebraska group advises you to ask the following questions when touring the unit:

  • What utilities am I responsible for, and how much does that cost per month on average?
  • Will I have a parking spot? If not, is street parking available, or will I have to park far away?
  • What common area amenities are included in my rent?
  • Do I have laundry hookups, on-site laundry room access, or do I have to go off-site for laundry? (Sometimes, independent senior living communities offer residents a laundry service option.)
  • Is there a 24-hour maintenance number, and how long does it take to respond to maintenance requests on average? Will I be charged for any maintenance costs, and, if so, what?
  • Is landscaping and snow removal covered?
  • Is there controlled access to the building? Can anyone access common areas or just residents?
  • What common areas do I have full access to?
  • Are pets allowed, and are there any restrictions on breed or size? Is there a pet deposit? (Keep in mind that under the Americans with Disabilities Act (ADA) laws, there should be no pet fees for service dogs.)

  A tour is also a great time to survey the area for visible damage and the general condition of the unit. The Legal Aid of Nebraska group advises that you look for the following when you tour a unit:

  • Are common areas of the entire community well maintained? Is there visible dirt or a discernible bad smell throughout the community?
  • Is your individual unit clean? Is there a discernible bad smell, visible dirt or mold, water damage, holes, or broken appliances or utilities?
  • Is there any evidence of a bug or rodent problem?
  • Can you hear loud noises from the neighbors or the street?
  • If you require ADA accessibility, is the unit as well as the common areas of the community ADA accessible?

  ADA laws are important to understand if you are a person with a disability. These federal laws enable people with disabilities to get reasonable accommodations and modifications from landlords. This could mean anything from a ramp at all entrances and exits in the building and handicapped parking to low-threshold showers. For blind individuals or people with diagnosed PTSD, this could mean a service dog accommodation, even if the community has a no-pet policy.

  ADA accommodations for seniors with disabilities

  There are many types of ADA accommodations for seniors, but some of the most common include the following:

  • Accessible parking options
  • Ground-floor units
  • Adjusted rental payments to meet the income assistance schedule
  • Allowing service animals
  • Keeping elevators in working order

  Additionally, a landlord may be required to make modifications to the interior design of the common areas as well as the tenant’s private unit to make it more accessible. Such modifications may include installing the following:

  • Wheelchair ramps
  • Grab bars in showers and other areas
  • Accessible entryways
  • Lowered counters or cupboards
  • Low-threshold showers with shower benches

Tenant-landlord disputes

If you are experiencing issues with your current rental landlord, you can apply for legal advocacy online at www.legalaidofnebraska.org. You can also utilize the following numbers for advice and advocacy as a renter in Nebraska.

To apply for Legal Aid of Nebraska renter assistance nonprofit legal advocacy over the phone, you can call their AccessLine at 1-877-250-2016, Monday and Wednesday, 8:30 a.m. to 11:30 a.m. CST, and Tuesday and Thursday, 1:00 p.m. to 4:00 p.m. CST. They also have demographic-specific legal hotlines:

• For the elder access-specific line, reach out to 1-800-527-7249, Monday – Thursday 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m. CST.
• For the Native American access line, reach out to 1-800-729-9908, Monday – Friday 9:00 a.m. to 12:00 p.m. CST.
• For the Rural Response hotline, reach out to 1-800-464-0258, Monday – Friday 8:00 a.m. to 5:00 p.m. CST.
• For the Disaster Relief hotline, reach out to 1-844-268-5627, Monday – Thursday 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m. CST.
• For Legal Assistance for People with Developmental Disabilities (LAPDD) (Douglas County only), reach out at 1-844-535-3533, Monday – Thursday 9:00 a.m. to 12:00 p.m.
• For the Farmer and Rancher Development Program hotline, reach out to 1-855-660-1391, Monday – Friday 8:00 a.m. to 5:00 p.m. CST.