The Fair Housing Act prohibits discrimination in housing, both public and private, on the basis of disability. One potential type of prohibited discrimination under this Act is a refusal to provide a reasonable modification to a person with a disability. The Fair Housing Act describes disability as those individuals with a physical or mental impairment that substantially limits one or more major life activities.
Reasonable Modification: A structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises.
Because of a hearing disability, a tenant wishes to install a peephole in her door so that she can see who is at the door before she opens it.
Because of a mobility disability, a tenant wants to install a ramp outside the building in a common area.
Requesting a modification is as simple as giving notice to your housing provider that you need one. You may do this orally or in writing, but we advise to put requests in writing. An example letter can be found on our Writing Support Letters page. You must have a housing provider’s approval before making any modifications.
The request can be made by the person with a disability. Alternatively, it may be made by a family member or another person acting on behalf of the person with a disability.
In cases where the disability is readily apparent or known and the need for the modification is also apparent, this isn’t necessary. However, in cases where the disability is not obvious or the need for the modification is not apparent, the housing provider may request further information.
A tenant who is deaf asks his housing provider to allow him to install extra electrical lines and a cable line so the tenant can use computer equipment that helps him communicate with others.
If the tenant’s disability is known, the housing provider may not require him to document his disability. However, since the need for the electrical and cable lines may not be apparent, the housing provider may request information that is necessary to support the disability-related need for the requested modifications.
In order to evaluate a request for reasonable modification, a housing provider may request information that is necessary to:
Depending on the desired modification, a housing provider may also require building permits before approval for the project is given.
Some materials that may be provided include but are not limited to:
Materials should show the relationship between the person’s disability and the need for the reasonable modification. See our Fair Housing for Medical and Mental Health Professionals: Writing Support Letters (PDF) booklet for more information.
A housing provider cannot require any additional insurance or an increased security deposit because of a request for a reasonable modification.
Because of a mobility disability, a tenant wants to install a ramp outside his unit. The housing provider informs the tenant that the ramp may be installed but only after the tenant obtains separate liability insurance for the ramp out of concern for the housing provider’s potential liability. The housing provider may not impose this requirement as a condition of approval for the ramp.
A housing provider or homeowners association must allow a reasonable modification to the premises when such a modification may be necessary to afford the person with a disability full enjoyment of the premises. However, the requested modification must be reasonable, and there must be a relationship between the requested modification and the individual’s disability.
The tenant is responsible for paying the cost of the modification. The upkeep and maintenance of the modification is also the responsibility of the tenant if it is exclusively used by the tenant and not in a common area usually maintained by staff.
If the tenant with a disability lives in housing that receives federal financial assistance, the requested modification must be paid for by the housing provider unless doing so would be an undue financial and administrative burden or the tenant’s needs can be met through other means.
If the modification is made to the interior of the tenant’s unit, the housing provider cannot insist on an alternative. If the modification is made to a common area, the housing provider may choose the design as long as no additional costs are incurred by the tenant and the alternative still meets the tenant’s needs.
A tenant is obligated to restore the interior of their dwelling to its previous condition where it “is reasonable to do so” and where the housing provider has requested the restoration. Modifications made to the exterior of a building or in a common area do not have to be restored. Usually, modifications don’t have to be removed if they don’t affect the housing provider’s or subsequent tenant’s use or enjoyment of the premises.
Because of a mobility disability, a tenant obtained approval from the housing provider to install grab bars in the bathroom. As part of the installation, reinforcements were put on the underside of the wall. These reinforcements are not visible and do not detract from the use of the apartment. Therefore, it would be reasonable for the housing provider to require the tenant to remove the grab bars but not the reinforcements.
If any restoration is required, it is up to the tenant to bear the costs unless the unit is in housing that receives federal financial assistance.
If you believe you have been the victim of housing discrimination, please call us toll-free at 1-877-979-FAIR to discuss the situation.