♿ Reasonable Accommodation Requests

The Fair Housing Act requires landlords to make reasonable accommodations in rules, policies, and practices when a tenant with a disability requests it and the accommodation is necessary for them to have equal opportunity to use and enjoy the housing. Getting this right protects you from Fair Housing complaints; getting it wrong is one of the most common and expensive FHA violations.

▶ Video Overview

What Is a Reasonable Accommodation?

A reasonable accommodation is a change in a rule, policy, practice, or service that enables a person with a disability to have equal opportunity to use and enjoy the housing. Examples:

• Allowing a service animal or ESA in a no-pet building
• Assigning a closer parking space for a mobility-impaired tenant
• Allowing a live-in caregiver not on the lease
• Permitting a tenant to transfer to a ground-floor unit when mobility becomes impaired
• Modifying a lease rule about guest duration for a family member providing care
• Allowing extra time to pay rent during a documented disability-related crisis

The Three-Part Legal Test

For a reasonable accommodation request to be legally required, three elements must be satisfied:

1. The person has a disability

   A physical or mental impairment that substantially limits one or more major life activities. You may request documentation that a disability exists — but not the specific diagnosis or medical records. A letter from a licensed healthcare provider confirming the disability is sufficient.

2. The accommodation is necessary

   There must be a relationship between the disability and the requested accommodation. The accommodation must be necessary for the person to have equal opportunity to use the housing — not just preferable or convenient.

3. The accommodation is reasonable

   The accommodation must not impose an undue financial or administrative burden on you, and must not fundamentally alter the nature of the housing program.

The Interactive Process

When you receive an accommodation request, engage in an “interactive process” — a good-faith dialogue with the tenant:

• Acknowledge receipt of the request in writing within a few days
• If you need documentation, request only what is necessary — existence of disability and nexus to the request
• Do not simply deny requests without dialogue — courts expect a good-faith interactive process
• If the specific request isn’t feasible, explore alternative accommodations that might work
• Respond to the request within a reasonable time — typically 10 business days

When You Can Deny

You may deny a reasonable accommodation request when:

• The tenant does not have a disability (or refuses to provide any documentation)
• There is no nexus between the disability and the requested accommodation
• The accommodation would impose an undue financial or administrative burden
• The accommodation would fundamentally alter the nature of your housing
• The specific accommodation requested would directly threaten the health or safety of others

Reasonable Modifications

Separate from accommodations, tenants with disabilities may have the right to make physical modifications to the unit (grab bars, ramps, wider doorways). Key rules:

• Tenant pays for the modifications
• You can require restoration to original condition at move-out
• You can require the modification be done by a licensed contractor
• You cannot refuse to allow modifications that are necessary for equal use of the housing