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REASONABLE MODIFICATIONS
Under the Fair Housing Act, it is also unlawful for any person to
refuse to permit, at the expense of the handicapped person, reasonable
modifications of existing premises occupied or intended to be occupied
by such person if such modifications may be necessary to afford such
person full enjoyment of the premises of a dwelling.112 A “modification”
means any change to the public or common use areas of a building or any
change to a dwelling unit.113
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Although tenants are generally responsible for
paying the costs of the modifications, this is not the case if the
modifications should already be in place. Many apartment complexes
that were built for first occupancy after March 13, 1991, do not
meet all of the accessibility requirements under the Fair Housing
Act. If the apartment complex is not in compliance with the
accessibility requirements, the owner of the complex must pay for
any modifications that a tenant requests in order to bring the
complex into compliance. Furthermore, if the tenant lives at an
apartment complex that receives federal funds, the tenant can, in
most cases, request that the owner of the apartment complex pay for
the modifications, as an accommodation to the tenant |
In the case of a rental unit, the landlord may, where it is reasonable
to do so, condition permission for a modification on the renter
agreeing to restore the interior of the premises to the condition that
existed before the modification, reasonable wear and tear excepted.114
The landlord may not increase for handicapped persons any customarily
required security deposit. However, where it is necessary in order to
ensure with reasonable certainty that funds will be available to pay
for the restorations at the end of the tenancy, the landlord may
negotiate as part of such a restoration agreement a provision requiring
that the tenant pay into an interest bearing escrow account, over a
reasonable period, a reasonable amount of money not to exceed the cost
of the restorations. The interest in any such account shall accrue to
the benefit of the tenant.115 This means that landlords may not routinely
require such escrow payments, but must instead make a case-by-case
determination based on such factors as the extent and nature of the
modification involved, the duration of the lease, and the credit and
rental history of the individual tenant.116
A landlord may condition permission for a modification on the renter
providing a reasonable description of the proposed modifications as
well as reasonable assurances that the work will be done in a
workmanlike manner and that any required building permits will be
obtained.117EXAMPLE# 1:
An applicant for rental housing has a child who uses a wheelchair.
The bathroom door in the dwelling unit is too narrow to permit the
wheelchair to pass. The applicant asks the landlord for permission
to widen the doorway at the applicant's own expense. It is unlawful
for the landlord to refuse to permit the applicant to make the
modification. Furthermore, the landlord may not, in usual
circumstances, condition permission for the modification on the
applicant paying for the doorway to be narrowed at the end of the
lease because a wider doorway will not interfere with the
landlord's or the next tenant's use and enjoyment of the premises.118
EXAMPLE# 2:
A disabled tenant asks his landlord for permission to install grab bars
in the bathroom at his own expense. It is necessary to reinforce the
walls with blocking between studs in order to affix the grab bars. It
is unlawful for the landlord to refuse to permit the tenant, at the
tenant’s own expense, from making the modifications necessary to add
the grab bars. However, the landlord may condition permission for the
modification on the tenant agreeing to restore the bathroom to the
condition that existed before the modification, reasonable wear and
tear excepted. It would be reasonable for the landlord to require the
tenant to remove the grab bars at the end of his tenancy. The landlord
may also reasonably require that the wall to which the grab bars are to
be attached be repaired and restored to its original condition,
reasonable wear and tear excepted. However, it would be unreasonable
for the landlord to require the tenant to remove the blocking, since
the reinforced walls will not interfere in any way with the landlord’s
or the next tenant’s use and enjoyment of the premises and may be
needed by some future tenant.119
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FAIR HOUSING TIP: |
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When requesting a reasonable accommodation and/or
modification, you should always:
- Submit the request in writing to your landlord. In the
letter, explain the accommodation and/or modification that you
need due to your disability;
- Attach supporting medical documentation as it relates to the
accommodation and/or modification that you are requesting. This
can include letters from doctors, mental health practitioners,
therapists, social workers, or other health care providers. In
this letter, the health care provider should indicate whether you
are disabled and whether he/she recommends the accommodation
and/or modification that your are requesting, due to your
disability. This letter does NOT need to disclose any of your
disabilities, but instead, should just state that you are
disabled and need the accommodation and/or modification, due to
your disability;
- Keep a copy of your request letter and any attachments for
your records; and
- Send your request letter and any attachments by certified mail
return receipt requested in order to prove that the landlord
received the request.
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PROHIBITIONS BASED ON OTHER PROTECTED CLASSES
In addition to disability discrimination, the Fair Housing Act states
that discrimination based on race, color, religion, sex, familial
status, and/or national origin is unlawful in the sale or rental of
most housing. According to the Act, it is unlawful, based on race,
color, religion, sex, familial status, disability, or national origin,
for a landlord, real estate agent, mortgage loan officer, condominium
association, homeowners’ association, or any other person to engage in
discriminatory housing practices which include, but are not limited to:
- To refuse to sell or rent a dwelling to a person who has made a
bona fide offer or to refuse to negotiate with a person for the sale
or rental of housing.
- To make, print, or publish, or cause to be made, printed, or
published, any notice, statement, or advertisement with respect to
the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination because of one of the protected
categories above.
- To assign any person to a particular floor of a building or to a
particular section of an apartment complex, community, neighborhood,
or development.
- To discourage the purchase or rental of a dwelling by
exaggerating drawbacks or failing to inform any person of desirable
features of a dwelling, community, neighborhood, or development.
- To communicate to any prospective purchaser or renter that he or
she would not be comfortable or compatible with existing residents of
a neighborhood.
- To provide inaccurate or untrue information about the
availability of dwellings for sale or rent.
- To limit information, by word or conduct, regarding suitably
priced dwellings available for inspection, sale, or rent.
- To discharge or take adverse action against an employee, broker,
or agent because he or she refused to participate in a discriminatory
housing practice.
- To fail or refuse to provide any person, in connection with a
residential real estate-related transaction, information regarding
the availability of loans or other financial assistance, application
requirements, procedures, or standards for review and approval of
loans or financial assistance, or to provide information which is
inaccurate or different than that provided others.
- To coerce, intimidate, threaten, or interfere with any person in
his or her exercise or enjoyment of a dwelling or fair housing
rights.
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