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There is a difference between a reasonable accommodation and a reasonable modification.
Landlords must agree to either as long as the request is reasonable and is related to a disability. HUD says the landlord may deny the request if it places, “an undue financial or administrative burden on the housing provider or alters the fundamental nature of their program.”
A reasonable accommodation is a change, exception or adjustment to a rule, policy, practice or service. These would include a request to allow an emotional support animal in a no pets building or a request that a landlord communicate with a deaf tenant via a relay service for hearing impaired persons. The cost of a reasonable accommodation is the landlord’s.
A reasonable modification is a physical change made to the tenant’s living space or to the common area(s) of the property in order to enable the tenant with a disability to have full use of the rental property. These would include allowing a tenant to install a wheelchair ramp or to install grab bars in a shower. The cost of a reasonable modification is the tenant’s. The tenant is responsible for returning the property to the same condition as when first leased if leaving it intact would impact the next tenant’s use of the rental.
We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
