Landlords are generally prohibited from denying reasonable accommodation requests from tenants with disabilities. This means that landlords must make modifications or adjustments to their policies, practices, or physical spaces to allow a tenant with a disability to have an equal opportunity to use and enjoy the housing. Reasonable accommodations can include things like installing grab bars in a bathroom, providing a ramp for wheelchair access, or allowing a tenant to keep a service animal. Landlords are not required to make accommodations that would be unduly burdensome or that would fundamentally alter the nature of the housing.
Disability Discrimination: The Law
In the United States, the Fair Housing Act (FHA) of 1968 protects individuals with disabilities from discrimination in housing, including rental housing.
Who Does the FHA Protect?
- Individuals with physical or mental impairments that substantially limit one or more major life activities.
- Individuals who are regarded as having such impairments.
What is a Reasonable Accommodation?
- A modification, adjustment, or exception made to a policy, practice, or procedure that allows an individual with a disability to enjoy equal access to housing.
- Examples include:
- Installing grab bars in a bathroom.
- Providing a ramp for a wheelchair user.
- Allowing a service animal in a “no-pets” building.
What Responsibilities Do Landlords Have?
Landlords are required to make reasonable accommodations for tenants with disabilities, unless doing so would result in an undue hardship (significant difficulty or expense).
Additional Information
| Who to Contact | Website |
|---|---|
| U.S. Department of Housing and Urban Development (HUD) | https://www.hud.gov/ |
| National Fair Housing Alliance (NFHA) | https://www.fairhousingalliance.org/ |
Evaluating the Reasonableness of a Requested Accommodation
In evaluating the reasonableness of a requested accommodation, landlords must consider various factors, including:
- The nature of the disability.
- The effectiveness of the requested accommodation in meeting the individual’s needs.
- The cost of the accommodation.
- Availability of undue hardship for the landlord.
- The impact of the accommodation on the operation of the housing facility.
- Health and safety considerations.
Criteria and Considerations
| Factor | Considerations |
|---|---|
| Nature of the Disability |
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| Effectiveness of the Accommodation |
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| Cost of the Accommodation |
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| Undue Hardship |
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| Impact on Operation |
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| Health and Safety Considerations |
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Landlords have a legal obligation to provide reasonable accommodations to tenants with disabilities under the Fair Housing Act.
Duty of Landlords: Providing Reasonable Accommodation
- Make modifications to existing policies: This may include allowing a service animal or assistive device, modifying a lease to include specific accessibility features, or making a reasonable accommodation for a tenant with a disability.
- Provide auxiliary aids and services: This could include things like assistive listening devices, accessible parking, or making written materials available in accessible formats.
Landlords cannot deny a reasonable accommodation unless they can show that doing so would create an undue hardship.
Here are some examples of reasonable accommodations that landlords may be required to make:
| Disability | Reasonable Accommodation |
|---|---|
| Mobility impairment | Installing a ramp or elevator, widening doorways, or providing accessible parking |
| Hearing impairment | Installing a hearing loop system or providing a sign language interpreter |
| Visual impairment | Providing large print materials, Braille signage, or a talking alarm clock |
| Cognitive impairment | Providing written instructions or reminder systems, or allowing a support person to be present |
If you are a landlord and have questions about your obligations under the Fair Housing Act, you should consult with an attorney.
Landlord Responsibilities Regarding Reasonable Accommodations
Landlords have a legal obligation to provide reasonable accommodations to tenants with disabilities. This means that landlords must make changes to their policies or practices to allow tenants with disabilities to have equal access to housing.
Detailed Examples of Reasonable Accommodations
Some examples of reasonable accommodations that landlords may be required to provide include:
- Installing grab bars and shower chairs in bathrooms
- Widening doorways to accommodate wheelchairs
- Providing accessible parking spaces
- Allowing service animals
- Modifying appliance controls
- Providing TDD or captioned phones
Understanding Allowances
In some cases, a landlord may be able to deny a reasonable accommodation if it would cause an undue hardship.
- An undue hardship is a significant difficulty or expense that the landlord would incur by providing the accommodation.
- Factors that may be considered in determining undue hardship include the nature and cost of the accommodation, the impact on the landlord’s business, and the availability of alternative accommodations.
Avoiding Unreasonable Accommodation Requests
Landlords should be careful not to deny reasonable accommodation requests without a legitimate reason. Denying a reasonable accommodation request without a legitimate reason can be a violation of the Fair Housing Act. If a landlord denies a reasonable accommodation request, the tenant may file a complaint with the Department of Housing and Urban Development (HUD).
| Examples of Allowances | Factors Considered for Undue Hardship |
|---|---|
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To wrap up, it’s important to remember that landlords can’t just deny a reasonable accommodation without a valid reason. If you’re a tenant with a disability and you need an accommodation, don’t be afraid to ask your landlord about it. If they refuse, you can file a complaint with the Fair Housing Act. I hope this article has been helpful. Thanks so much for reading. If you have any more questions, feel free to drop by again!