Beyond Bending Tell You How
Housing is a basic human need. It provides shelter, safety, and security. However, not everyone has equal access to housing. There are individuals who face barriers when it comes to finding and keeping a home. One of these barriers is the lack of reasonable accommodation in housing. In this blog post, we will discuss what reasonable accommodation is, who it applies to, and how it can help individuals with disabilities find and keep a home.
“Reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling.”
What is reasonable accommodation?
Reasonable accommodation refers to changes that a landlord or property owner makes to a rental property or policy to make it accessible to individuals with disabilities. These accommodations can be physical, policy-related, or procedural in nature. They aim to remove barriers that may prevent individuals with disabilities from accessing and enjoying their home. Reasonable accommodation is required by law under the Fair Housing Act (FHA).
Examples of reasonable accommodation include:
| Physical Accommodations | Policy-related Accommodations | Procedural Accommodations |
|---|---|---|
| Installing grab bars in the bathroom | Allowing a service animal in a no-pet policy | Providing communication assistance for individuals who are deaf or hard of hearing |
| Widening doorways to accommodate wheelchair users | Modifying a “first come, first served” policy to accommodate an individual’s disability-related needs | Offering alternative formats for written policies or notices for individuals with visual impairments |
Who is eligible for reasonable accommodation?
Reasonable accommodation applies to individuals with disabilities. The term “disability” is defined under the FHA as:
“a physical or mental impairment that substantially limits one or more major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment.”
Major life activities include, but are not limited to:
- caring for oneself
- performing manual tasks
- seeing, hearing, speaking
- breathing
- walking, standing, bending, lifting
- concentrating, thinking, communicating
- interacting with others
If you have a disability, you are entitled to reasonable accommodation if it is necessary to allow you to use and enjoy your home.
What are the responsibilities of the landlord?
Under the FHA, landlords and property owners have a legal obligation to provide reasonable accommodation to individuals with disabilities. Landlords must:
- Allow reasonable modifications to the rental unit or common areas, at the tenant’s expense, unless it would fundamentally alter the nature of the property
- Make reasonable accommodations to rules, policies, practices, or services when necessary to allow an individual with a disability to use and enjoy the rental property
- Provide reasonable accommodations at no cost to the tenant when necessary to ensure equal access to housing
Landlords cannot require that individuals with disabilities pay a higher security deposit or rent, or deny them a rental unit because of their disability. They also cannot refuse to rent to someone because they will need a reasonable accommodation.
How to request reasonable accommodation?
If you need a reasonable accommodation, you should request it from your landlord or property owner. You can make the request verbally or in writing. The request should include:
- Your name and contact information
- The nature of your disability
- The specific accommodation you are requesting
- Why the accommodation is necessary
Your landlord may ask for additional information or documentation to verify your disability and the need for the accommodation. They cannot, however, ask for information that is unrelated to the disability or the requested accommodation.
What to do if your request is denied?
If your request for reasonable accommodation is denied, you should seek legal advice. You may file a complaint with the U.S. Department of Housing and Urban Development (HUD) or file a lawsuit against your landlord. It is important to note that you have one year from the date of the discrimination to file a complaint.
Conclusion
Reasonable accommodation is a legal requirement that ensures individuals with disabilities have equal access to housing. It is a necessary tool that removes barriers and promotes independence. Whether you need physical accommodations, policy-related accommodations, or procedural accommodations, you have the right to request them from your landlord or property owner. If you face discrimination or denial of your request, seek legal advice and know your rights.
People Also Ask
What is a reasonable accommodation in housing?
A reasonable accommodation in housing is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling.
What is the Fair Housing Act?
The Fair Housing Act is a federal law that prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, and disability.
Who is eligible for reasonable accommodation?
Individuals with disabilities are eligible for reasonable accommodation. The term “disability” is defined under the Fair Housing Act as a physical or mental impairment that substantially limits one or more major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment.
What are the responsibilities of the landlord?
Under the Fair Housing Act, landlords and property owners have a legal obligation to provide reasonable accommodation to individuals with disabilities. They must allow reasonable modifications to the rental unit or common areas, at the tenant’s expense, unless it would fundamentally alter the nature of the property. They must also make reasonable accommodations to rules, policies, practices, or services when necessary to allow an individual with a disability to use and enjoy the rental property.
How to request reasonable accommodation?
To request reasonable accommodation, you should contact your landlord or property owner and make the request verbally or in writing. The request should include your name and contact information, the nature of your disability, the specific accommodation you are requesting, and why the accommodation is necessary. Your landlord may ask for additional information or documentation to verify your disability and the need for the accommodation.
