Disabled Tenants' Right to Make Modifications
Landlords must allow disabled tenants to make reasonable modifications to their living unit or common areas at their expense, if needed for the person to comfortably and safely live in the unit. (42 U.S.C. § 3604(f)(3)(A).) You have the right to modify your living space to the extent necessary to make the space safe and comfortable, as long as the modifications will not make the unit unacceptable to the next tenant, or if you agree and are financially able to undo the modification when you leave.
Examples of modifications undertaken by a disabled tenant include:
- lowering countertops for a tenant who uses a wheelchair
- installing special faucets or door handles for persons with limited hand use
- modifying kitchen appliances to accommodate a blind tenant, and
- installing a ramp to allow wheelchair access to a raised living room.
These modifications must be reasonable and made with prior approval. A landlord is entitled to ask for a description of the proposed modifications, proof that they will be done in a workman-like manner, and evidence that you are obtaining any necessary building permits. In addition, if you propose to modify the unit in a way that will require restoration when you leave (such as the re-positioning of lowered kitchen counters), the landlord may require you to pay into an interest-bearing escrow account the amount estimated for the restoration. (The interest will belong to you.)
Proof of Need for Accommodation or Modification
Landlords are entitled to ask for proof that the accommodation or modification you have requested will address your needs. For some disabilities -- for example, installing a ramp to accommodate a wheelchair -- the solutions are obvious. But other disabilities, especially mental ones, are not obvious, and their accommodation isn't either -- for example, removing doors to accommodate a person who is fearful of closed spaces. Without some proof, your landlord has no way of knowing whether your request is legitimate or a ruse to obtain special treatment.
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