What is a Reasonable Accommodation?
A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that allows a person with a disability to have equal access to housing. The fundamental goal is to remove barriers that prevent individuals with disabilities from fully using and enjoying their dwelling. These accommodations level the playing field, ensuring that people with disabilities have the same opportunities as everyone else when it comes to housing.
The Legal Foundation: The Fair Housing Act (FHA)
The Fair Housing Act is the federal law that prohibits discrimination in housing based on disability, among other protected classes. Under the FHA, housing providers are required to grant reasonable accommodations to qualified individuals with disabilities. This law is enforced by the U.S. Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ), which investigate complaints and can pursue legal action against violators.
Who is Protected by the FHA?
Under the Fair Housing Act, a “person with a disability” is defined as someone with a physical or mental impairment that substantially limits one or more major life activities. This includes a wide range of conditions such as mobility impairments, visual or hearing impairments, mental illness, chronic illnesses like diabetes or heart disease, intellectual disabilities, and conditions like PTSD or autism. It’s important to note that the law also protects people with a record of such impairments and those regarded as having such impairments. However, current illegal drug users are not protected under the FHA, though individuals recovering from substance abuse disorders may be covered.
What Housing is Covered?
The Fair Housing Act applies to most types of housing, including apartments, condominiums, public housing, single-family homes for rent or sale, and properties governed by homeowners associations (HOAs). However, there are specific exemptions. Owner-occupied buildings with four or fewer units are exempt, as are single-family homes sold or rented without the use of a broker if the owner owns three or fewer homes. Religious organizations and private clubs that limit occupancy to members may also be exempt in certain circumstances.
Reasonable Accommodations vs. Reasonable Modifications
Understanding the difference between reasonable accommodations and reasonable modifications is critical, as these terms are often confused but have distinct meanings and implications for both tenants and housing providers.
Reasonable Accommodations: Changing the Rules
Reasonable accommodations involve changes to policies, practices, or rules rather than physical alterations to the property. These are adjustments to how things are done, not changes to the structure itself. Importantly, the housing provider is typically responsible for any costs associated with granting an accommodation, as these usually don’t involve significant expense.
Common Examples of Reasonable Accommodations
- Allowing an assistance animal (service or emotional support) in a “no pets” building.
- Providing a reserved, accessible parking space near a tenant’s unit.
- Allowing a tenant to move to an available ground-floor unit.
- Permitting a live-in aide to assist a tenant.
- Adjusting a rent payment due date to align with the arrival of disability benefits.
Reasonable Modifications: Changing the Structure
Reasonable modifications are physical changes made to a unit or common area to make the housing accessible and usable for a person with a disability. Unlike accommodations, the tenant is typically responsible for paying for these modifications, unless the housing receives federal financial assistance. In federally subsidized housing, the housing provider must pay for modifications to units and common areas.
Common Examples of Reasonable Modifications
- Installing grab bars in a bathroom.
- Widening a doorway to accommodate a wheelchair.
- Installing a ramp to the building entrance.
- Lowering countertops.
- Installing a visual fire alarm for a tenant who is deaf.
How Reasonable Accommodations or Modifications Are Requested
Making the Request: Oral vs. Written
A tenant or prospective tenant can request a reasonable accommodation or modification at any time during the tenancy or rental application process. These requests can be made either orally or in writing—there is no requirement that they be submitted in a specific format. However, we strongly recommend making all requests in writing. A written request creates a clear paper trail, establishes the date of the request, and helps prevent misunderstandings or disputes about what was asked for and when.
What Comes Next? The Landlord’s Role
Once a request for a reasonable accommodation or modification is received, housing providers have specific obligations under the Fair Housing Act and must handle the request appropriately.
The “Interactive Process” and Response Time
When a landlord receives a request, they must engage in what’s known as an “interactive process”—a good-faith dialogue with the tenant to understand the request and explore potential solutions. This process should be prompt and collaborative. While the FHA doesn’t specify an exact timeframe, an undue delay in responding to or processing a request can be considered a denial and may violate fair housing laws.
Landlord Inquiries & Documentation
Housing providers are permitted to request certain information to evaluate a reasonable accommodation request, but their ability to inquire is limited by privacy laws and fair housing regulations.
When the Disability is Obvious
If both the disability and the need for the accommodation are readily apparent—such as a person who uses a wheelchair requesting a ramp or accessible parking—the landlord cannot require any additional documentation or verification. The connection between the disability and the need is clear, making further inquiry unnecessary and potentially discriminatory.
When the Disability is Not Obvious
When the disability is not visible or the connection between the disability and the requested accommodation is not immediately clear, the landlord may request reliable documentation. This documentation must verify two specific things: (1) that the tenant has a disability as defined by the Fair Housing Act, and (2) that the requested accommodation is necessary because of that disability.
What is Acceptable Documentation?
Acceptable verification can come from a variety of healthcare or social service professionals who have knowledge of the person’s disability. This includes letters from doctors, psychiatrists, psychologists, therapists, counselors, social workers, case managers, or peer support groups. Documentation showing receipt of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can also serve as verification of disability status.
What Landlords Cannot Ask For
Landlords are never entitled to know a tenant’s specific diagnosis or medical details. They cannot demand access to full medical records or require a tenant to provide more information than is necessary to verify the disability and the need for the accommodation. Additionally, landlords cannot insist that tenants use a specific form or obtain documentation from a particular provider—tenants have the right to choose their own healthcare professional to provide verification.
Learn more about reasonable accommodation in our Fair Housing Essentials (FHE) course.
Frequently Asked Questions
- What disability qualifies for reasonable accommodation? Under the FHA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment. To qualify for reasonable accommodation, the individual must demonstrate a disability-related need for the requested modification or exception to housing rules or policies.
- How long can a reasonable accommodation last? A reasonable accommodation can last indefinitely as long as the employee continues to need it and it remains effective without causing undue hardship to the employer.
- What makes an accommodation reasonable? An accommodation is reasonable when it effectively enables the employee to perform essential job functions without imposing significant difficulty or expense on the employer.
- How to appeal a reasonable accommodation denial? To appeal a reasonable accommodation denial, submit a written request to HR or upper management explaining why the denial was improper, provide additional medical documentation if needed, and consider filing a complaint with the EEOC if internal appeals fail.
- Is Bipolar Disorder Covered Under the ADA (and FHA)? Yes, bipolar disorder is generally covered under both the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Under the ADA, a person with bipolar disorder is considered a qualified individual with a disability if the condition substantially limits one or more major life activities, such as sleeping, concentrating, caring for oneself, or interacting with others.