Residents
Owners
Rental property owners need to do their responsibilities. They should be familiar with and comply with several legal obligations, including reasonable accommodation requests. Reasonable accommodations may be requested by persons with disabilities to use and live in a rental unit.
It’s a right of persons with disabilities enshrined in the Federal Fair Housing Act (FHA) to request that policies, rules, practices, or services of a rental property owner be modified or changed to afford them an equal opportunity to rent and live in a rental home without discrimination.
Landlords should be familiar with reasonable accommodation requests because it’s one of their responsibilities to hear such appeals. This guide will help rental property owners handle reasonable accommodation requests.
Qualifications to Request for a Reasonable Accommodation
A tenant requesting reasonable accommodation must have a disability to qualify for equal opportunity in using or living in a rental home as protected by the Federal Fair Housing Act. The FHA states that persons with physical or mental impairments that limit their performance or enjoyment of life activities are qualified for reasonable accommodation.
The law may include the following physical or mental disabilities:
- Autism, cerebral palsy, or other intellectual impairments
- Speech, visual, hearing, or orthopedic impairments
- Multiple sclerosis, muscular dystrophy, and epilepsy
- Diabetes, heart disease, and cancer
- Immunodeficiency infections
- Emotional or mental illnesses
Under the law, housing providers and landlords shouldn't publicize all information when a tenant states in the request any physical or mental impairments or diseases.
A tenant may not request a reasonable accommodation if he/she fails to meet the criteria under the FHA. However, a tenant without a disability may appeal for a modification with the property manager or landlord.
Verifying a Tenant’s Disability
Sometimes a physical or mental impairment of a person requesting a reasonable accommodation may not be apparent. In this case, a property manager or landlord can ask the person making the request to provide proof of his/her disability. Typically, a tenant can give a signed statement by a medical professional or proof of benefits for this matter.
A signed statement by a medical professional must indicate that the tenant requesting reasonable accommodation has a disability as defined by the FHA. Moreover, a medical professional can provide an expert opinion on whether a person should be accommodated for an equal housing opportunity.
The landlord or property manager should keep records of the tenant requesting a reasonable accommodation, including the signed statement from a medical professional.
Reasonable Accommodation Examples
A reasonable accommodation means any changes in the policies or rules of a housing provider to make it more convenient and suitable for individuals with disabilities to live in a rental home. Typical examples are the following.
- Having a designated parking space for handicapped tenants
- Allowing easy access for tenants with disabilities to their units
- Making it easier for tenants with visual or hearing impairment to understand notices or documents issued by the landlord
- Allowing a live-in aide or personal care attendant for tenants with disabilities access to the rental unit
- Allowing pets that provide emotional support to residents in the rental unit
What are the Obligations of Landlords Regarding Such Requests?
Housing providers and landlords shouldn’t deny qualified tenants who are requesting a reasonable accommodation. Individuals with disabilities who want equal housing opportunities are protected from discrimination under the Fair Housing Act. Moreover, the FHA covers those who live or assist persons with disabilities in a rental home.
If you’re a landlord or property manager, you should understand the provisions of the law that refusing residency to persons with disabilities or placing conditions on their tenancy based on their situation is against the law. Compliance with Fair Housing Laws is a must for every rental property owner, association, or corporation that provides housing.
A landlord or property manager may only deny a request for reasonable accommodation or modification if an individual doesn’t have a physical or mental impairment or any disability as defined by the FHA.
Difference Between Reasonable Accommodation and Modification
There are a few differences between reasonable accommodation vs. reasonable modification. The former is a change or exception to policies, rules, or services, while the latter means a physical or structural change to a rental home that makes it easier for tenants to access or use the unit.
A reasonable modification is also a provision of the Fair Housing Act that gives equal opportunity for tenants with disabilities to live in a rental property.
Takeaway
Requesting reasonable accommodation is a right of tenants with disabilities protected by the Fair Housing Act. Under this law, landlords and property managers shouldn’t refuse qualified tenants who want to have equal opportunity to reside in a rental home. Individuals requesting a reasonable accommodation should provide proof of their physical or mental impairment in order to qualify.
