About Reasonable Accommodations and Modifications

Introduction

The Federal Fair Housing Act (“Act”) (42 U.S.C. §§ 3601-19) prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability (as well as sexual orientation/gender identity if the housing provider or program receives federal funding). A housing provider’s refusal to make a reasonable accommodation that is necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling constitutes disability discrimination and is a violation of the Act.

A reasonable accommodation is some exception or change that a housing provider makes to rules, policies, services, or regulations that will assist a resident or applicant with a disability in taking advantage of a housing program and / or dwelling.

A reasonable modification is an alteration to the physical premises allowing a person with a disability to overcome obstacles that interfere with his or her use of the dwelling and/or common areas.

The accommodation and/or modification must be necessary for the individual with the disability to enjoy and/or fully use services offered to other residents and/or the individual dwelling unit.

 Reasonable accommodations can include but are not limited to:

  •  A change in the rules or policies or how a housing provider does things that would make it easier for you to live in the dwelling.
  • Permitting a service animal for a household in a community where pets are not allowed, or not charging a deposit for a service animal though the housing provider charges deposits for pets.
  • Permitting an outside agency to assist a disabled resident to meet the terms of the lease.
  • Permitting a live-in Personal Care Attendant to live with a disabled resident who might need 24 hour assistance.
  • A change in the way a housing provider communicates with or gives information, such as increasing the font size of typed documents to a person with a visual impairment.

Reasonable modifications can include, but are not limited to:

  • A structural change or repair in your apartment or another part of the apartment complex that would make it easier for you to live in the dwelling;
  • Altering your apartment so that the unit can be accessed and used by a person in a wheelchair.  

*NOTE: The individual requesting the modification may be responsible for the costs incurred in providing a reasonable modification to the premises. This individual may also be responsible for costs incurred in restoring the modification to original condition. The housing provider may request that a licensed contractor be obtained to make the modifications and/or restorations. The housing provider may be responsible for the costs if federal funds are received. If you and/or your housing provider have any questions regarding these provisions, please contact your local Fair Housing Council.*

A resident or applicant is entitled by law to a reasonable accommodation and/or modification when needed because of a disability of the resident, applicant, and/or a person associated with a resident or applicant, such as a guest. Housing providers must grant all requests for reasonable accommodations and/or modifications that are needed as a result of a disability if the request is not unduly burdensome or a fundamental alteration of the housing program. If a request is denied, you have the right to know the reasons in writing.

There must be a verifiable disability involved in order for the household to qualify for a reasonable accommodation and/or modification. The housing provider can seek verification, but cannot ask about the nature or severity of the disability. Furthermore, the housing provider is required by law to keep all information about the disability confidential.

A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.

Most serious medically treated conditions are considered to be a disability. A disabled resident must still be able to meet essential obligations of tenancy – they must be able to pay rent, to care for the apartment, to report required information to the manager, avoid disturbing their neighbors, etc., but there is no requirement that they be able to do these things without assistance.

Using the following forms will help you and your housing provider to better write the request and implement any follow up necessary. The forms include:

  • A Request for a Reasonable Accommodation.This form is your request for a reasonable accommodation to be given to your housing provider. (For you to complete)
  • A Request for a Reasonable Modification. This form is your request for a reasonable modification to be given to your housing provider. (For you to complete)
  • Verification (or Proof) of the need for an Accommodation and/or Modification (For your health care provider, such as a doctor, nurse, therapist, or social worker, to complete).This form verifies your request and authorizes your medical provider to certify your status as a person with a disability and your need for the accommodation and/or modification.

 

Table of Contents

    Disability

    A summary on a housing provider’s obligation to make reasonable accommodations and modifications which may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

     

     

    Table of Contents

      Evictions and Reasonable Accommodation Requests

      Introduction

      The Federal Fair Housing Act (“Act”) (42 U.S.C. §§ 3601-19) prohibits discrimination inhousing on the basis of race, color, religion, sex, national origin, familial status, and disability (as well as sexual orientation/gender identity if the housing provider or program receives federal funding. A housing provider’s refusal to make a reasonable accommodation that is necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling constitutes disability discrimination and is a violation of the Act.

      What is a Reasonable Accommodation?

      A reasonable accommodation is some exception or change that a housing provider makes to its rules, policies, services, or  regulations that will assist a resident or applicant with a disability in making full use of a housing program or dwelling. The requested accommodation must be necessary for the person with the disability to enjoy their dwelling unit or to fully use services offered to other residents. Examples of reasonable accommodations would include: permitting an assistive animal in a “no pet” property; permitting a live-in personal care attendant to reside with a resident with a disability; use of increased font size on notices from the landlord; or allowing priority assignment to a first floor apartment for a requester with limited mobility.

      Reasonable Accommodation Requests and Eviction

      Reasonable accommodation requests can sometimes be used to stop an eviction. This would be the case when the basis for the eviction is connected in some way to a disability. For example: an eviction because a wheelchair caused damage due to narrow hallways; an eviction for aggressive or disturbing behavior where the tenant has a mental illness; or an eviction for noise complaints due to loud television where the tenant is hearing impaired. Under the Act, a landlord cannot necessarily evict a tenant with a disability if based on behavior or characteristics related to the disability. If the tenant proposes an accommodation that would eliminate or reduce the impact of the lease violation, the landlord must make such accommodations where they would not be unduly burdensome.

      If you receive an eviction notice connected to your disability, you should immediately contact an attorney or fair housing organization for further assistance. They can help you draft a reasonable accommodation request to address the housing provider’s concern. For example, a tenant who has a hearing impairment and has received a lease violation for noise could submit a reasonable accommodation request to allow him time to “cure” the lease violation by acquiring headphones for his television. Or, a tenant who is being evicted for aggressive behavior related to mental illness could submit a reasonable accommodation request to allow her more time to “cure” the violation by getting the assistance of a case worker to help her manage her mental illness. There are many creative ways reasonable accommodation requests could be used to cease eviction proceedings and preserve your tenancy.

      To learn about fair housing:

      Idaho Legal Aid Services Inc.

      Fair Housing Portal
      www.idaholegalaid.org

      To file a fair housing complaint:

      Intermountain Fair Housing Council
      (208) 383-0695 in Boise or
      1-800-717-0695 (toll free)

      U.S. Department of Housing and Urban
      Development (HUD)
      1-800-669-9777 or 1-800-927-9275 (TDD)

      "The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government."

      Table of Contents

        HUD and DOJ Statement Regarding Reasonable Modifications (2008)

        The Department of Justice (“DOJ”) and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the federal Fair Housing Act (the “Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One type of disability discrimination prohibited by the Act is a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. HUD and DOJ frequently respond to complaints alleging that housing providers have violated the Act by refusing reasonable modifications to persons with disabilities. This Statement provides technical assistance regarding the rights and obligations of persons with disabilities and housing providers under the Act relating to reasonable modifications.

        Table of Contents

          Public Accommodations Guide

          Do you know what a place of public accommodation is? Did you know that places of public accommodation must be accessible to persons with disabilities?

          To learn more, please view our Public Accommodations Guide, which covers state and federal protections for persons with disabilities in places of public accommodation.

          Table of Contents

            Reasonable Accommodation

            What is a Reasonable Accommodation?

            Under the Fair Housing Act, a person with a disability can request changes or exceptions to rules, policies, or practices of a landlord, where necessary to allow them full use and enjoyment of the rental premises. Examples of reasonable accommodations include requesting an assigned accessible parking space, requesting an exception to a no pet policy for an assistance animal, requesting a lower mailbox that is accessible to a person in a wheelchair, or requesting more time to move. Housing providers cannot charge a person with a disability an extra fee or deposit as a condition of an approved reasonable accommodation request. Housing providers also should not simply deny a reasonable accommodation request; instead, they should engage in the “interactive process” with the tenant and work to find alternative accommodations that would meet the tenant’s needs.

            For more information, please view: https://www.hud.gov/sites/dfiles/FHEO/documents/huddojstatement.pdf

            Requesting a Reasonable Accommodation

            You may use the attached Word.doc forms to request a reasonable accommodation or for a proof of need letter for your landlord. You may also use the interactive forms below.

             

            Table of Contents

              Reasonable Accommodation and Modification Forms and Packets

              Below you will find reasonable accommodation and modification requests that you can fill in via Microsoft Word and then print or print and handwrite to provide to your landlord. Please use the form(s) that fits your situation.

              You will also find Proof of Need Letters to give to your doctor to fill out if your landlord requests a proof of need letter.

              If you are unsure whether you may qualify to request a reasonable modification under federal or state law, please review our housing materials regarding reasonable accommodations or call our office to be placed on the Housing Advice Line.

              Table of Contents

                Reasonable Modification

                Under the Fair Housing Act, housing providers are required to allow changes to the structure of their rental, when such a change is reasonable and is necessary to allow a person with a disability the full use and enjoyment of the premises. Examples of reasonable modifications include ramps, grab bars, push door handles, or lowering the entry threshold of a unit. Reasonable modification costs are typically paid by the tenant, but public housing agencies and federally-assisted housing providers are required to pay for reasonable modifications.

                For more information, please view: https://www.hud.gov/sites/dfiles/FHEO/documents/reasonable_modifications_mar08.pdf

                Table of Contents