The federal Fair Housing Act allows tenants with disabilities to request changes to the structures of their premises and the rules that govern them. These are known as requests for reasonable modifications and reasonable accommodations.

What is a reasonable modification?

A reasonable modification means a structural change to existing premises to allow a person with a disability the full enjoyment of the premises. A reasonable modification can be made to the interior, exterior, public areas, or common use areas of a building. Under the federal Fair Housing Act, discrimination because of a disability can include a refusal to permit, at the expense of the person with the disability, a reasonable modification of an existing premises to be occupied by the person if the modification is necessary to afford the person full enjoyment of the premises of a dwelling.

For example, a tenant with mobility challenges who asks to add a ramp to the front door of his rental is making a request for a reasonable modification. However, if that tenant were to ask to create a new entrance through a brick wall to bypass the stairs, he is likely making an unreasonable request.

When reasonable, a property owner may condition permission for a modification on the tenant agreeing to any of the following:

  • Restore the interior of the premises to the prior condition, ordinary wear and tear excepted  
  • Provide a reasonable description of the proposed modification, as well as reasonable assurances that the work will be done in a workman-like manner and that any required building permits will be obtained  
  • Pay into an interest-bearing escrow account, over a reasonable amount of time, a reasonable amount of money not to exceed the costs of restoration, if necessary to ensure funds are available for restoration. The interest accrues to the benefit of the tenant. An owner cannot increase the security deposit. Note: A resident cannot be charged for restoring common area or exterior modifications. 

What is a reasonable accommodation?

A reasonable accommodation is a change in rules, policies, practices, or services that is feasible and practical under the circumstances. Under the federal Fair Housing Act, discrimination can include a property owner’s refusal to make a reasonable accommodation in the rules, practices, or services if necessary to afford the tenant, or any person associated with the tenant, equal opportunity to use and enjoy a dwelling.

A property owner must grant a tenant’s request for a reasonable accommodation unless there is no disability, no disability related need for the request, the request poses a direct threat to the health or safety of other residents, the request would result in substantial physical damage to the property of others, or the request is unreasonable. Unreasonable requests include requests that are unduly burdensome or would fundamentally alter the landlord’s operations.

For example, a landlord of an apartment building may have a policy to assign parking places based on how long a tenant has lived at the building. Under this policy, new tenants get parking places farthest from the building’s entrance. A new tenant with a disability who asks for a parking place close to the door is making a request for reasonable accommodation.

If that same new tenant instead asked for 24-hour valet parking at the apartment building, that would likely be an unreasonable request.

If a request is denied, the landlord should consider and discuss with tenant whether there is an alternative accommodation that would address the disability related need without being unduly burdensome. If such an alternative exists, the landlord must grant the alternative accommodation.