Reasonable Accommodation
- Reasonable Accommodations are
changes
in rules, policies, or services so that a person with a disability may have an
equal opportunity to use and enjoy the housing.
- The change must be
practical and do-able.
- YOU must ask for it.
The landlord or manager cannot refuse
because,
"It's always been done this way."
But, the
landlord may ask for proof of the need for the accommodation.
Examples of Reasonable
Accommodations:
- Changing a "no pets" rule to allow a companion
dog for someone with a psychi
atric disability.
- Providing notices to tenants in large print.
- Keeping a laundry room door closed so that
fumes do not make someone who is chemically sensitive ill.
Building or Apartment
Modifications
- You have the right to make reasonable
modifications to your housing or common areas, such as lobbies, main entrance,
or laundry room
at your expense* - if they are necessary for full use of
your housing.
*In housing covered by Section 504 of the 1973
Rehabilitation Act it is the owner's responsibility to pay for reasonable
modifications.
- The landlord has the right
to condition
permission for the modification based on assurance that work will be done
properly,
to ask you to obtain any necessary building permits,
to ask you to agree to restore your unit, but not common use areas,
after you leave unless it is not reasonable to do so (as in narrowing a doorway
you have widened), and
to ask you to set aside a reasonable amount of
money over a reasonable time in an interest bearing escrow account to pay for
restoration.
Examples of Modifications
- Lowering cabinets to a height usable by someone
in a wheelchair.
- Installing grab bars in the bathroom when
someone has limited mobility.
- Changing the door handles (to levered handles)
and lessening the opening pressure on the building's main entrance door when
arthritis would make it otherwise difficult to open the door.
|
 |
Reasonable Accommodations
The FHAA requires two (2) types of reasonable accommodations
to make existing housing more accessible to persons with disabilities. These
accommodations consist of (A) Structural Modifications and
(B) Policy Changes.
(A) Structural Modifications
Housing providers must permit reasonable modifications of
existing premises if such modifications are necessary for a person with a
disability to be able to live in and use the premises. The cost of the
modification is to be paid by the resident with a disability.
Modifications may be made to the interior of the
individual's unit, as well as any public and common use areas of a building,
including lobbies, hallways, and laundry rooms.
Modifications may be requested in any type of dwelling,
however, in a rental situation the landlord may reasonably condition permission
for modification on the following:
- The renter agreeing to restore the interior of the
premises to the condition that existed before the modification, ordinary wear
and tear excepted;
- The renter providing a reasonable description of the
proposed modifications; and
- The renter providing reasonable assurance that the work
will be done in a workmanlike manner with all applicable building permits being
obtained.
A renter should be aware that a landlord must not increase
any customarily required security deposit. However, where it is necessary to
ensure with reasonable certainty that funds will be available for any necessary
restoration at the end of the tenancy, the landlord may require that the tenant
pay a reasonable amount of money, not to exceed the cost of the restorations,
into an interest bearing escrow account over a reasonable period of time. The
interest earned on the account accrues to the benefit of the tenant. This means
that when the tenant with a disability moves and the unit is restored to its
original condition any money left in the account is given to the tenant.
As a result of these rules, the FHAA has, in effect, created
three (3) classifications of modifications:
- Modifications that do not have to be restored;
- Modifications that need to be restored to the original
condition, but do not require establishment of an escrow account; and
- Modifications that need to be restored and are
relatively expensive, therefore an escrow account may be required.
An example of the first modification category would be
widening a bathroom door, which does not affect the usability of any other
space, such as a closet. Here a wider door would not affect the next tenant's
use of the apartment.
An example of the second modification category would be the
removal of a base cabinet under the kitchen sink. In this situation, the next
tenant would want the storage space under the sink. Therefore, the tenant with
a disability would be required to restore the cabinet. The cost to replace one
cabinet would not be tremendous, so an escrow account would probably not be
required.
If all the cabinets in the kitchen were replaced and the
counter lowered, which is obviously more expensive, an escrow account may be
required - making this an example of the third modification category. A
traditional example of a situation where an escrow account may be needed is
when a tenant removes the bathtub and replaces it with a roll-in shower.
Remember, although a landlord may condition permission,
he/she cannot deny permission for modifications needed so that the tenant with
a disability can use and enjoy his/her home.
(B) Policy Changes
The FHAA requires that the housing provider make reasonable
modifications in rules, policies, practices or services necessary to give
persons with disabilities equal opportunity to use and enjoy the dwelling.
Examples of modifications that would be required include:
- Allowing a tenant who is blind to have a guide dog even
though the building has a no pet policy. This same rule would apply to
individuals who need a service animal, emotional support animal or a therapy
animal.
- Reserving a parking space for a tenant with a mobility
impairment that is accessible and close to an accessible route when other
tenants must park on a first come, first served basis.
- Waiving a rule that allows only tenants to use laundry
facilities in order to accommodate a tenant with a disability who cannot gain
access to the laundry facilities by allowing his/her friend or aide to do the
laundry.
In short, any policy or rule that denies people with
disabilities access to a facility or service may be a violation of FHAA.
|
