What are “reasonable accommodations” in housing?

Both the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) set out laws that require housing providers to make reasonable accommodations for individuals with disabilities.

A reasonable accommodation is defined by Housing and Urban Development  (HUD) as “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, including public and common use spaces.”

One example of a reasonable accommodation in housing is if an individual requires a service or emotional support animal to assist with daily living, he or she can request the following:

• An exemption from a “no pets” policy
• The waiving of pet fees and/or a deposit
• An exemption from a “no pets” policy and the waiving of pet fees and/or a deposit

Under the FHA, service and emotional support animals are not “pets” so should not be subjected to “pet” policies.

Another example of a reasonable accommodation in housing is if an individual has a mobility disability, he or she can request the following:

• A ground floor dwelling
• A designated parking space in front of or close to the apartment
• A ground floor dwelling and a designated parking space in front of or close to the dwelling

Note that additional documentation such as a letter from a treating physician or psychiatrist could be required; however, the scope of documentation is limited and does not include medical/treatment records.

One more example of a reasonable accommodation in housing is if an individual is on a fixed income and receives that income on a date other than the first of the month, he or she can request a change in the date their rental payment is due.

In order to receive a reasonable accommodation, one must make a request for the accommodation. To avoid any miscommunication or misunderstanding, it is best to make your request for an accommodation in writing and ask that a written response to the request be received in a timely manner.

Additional information regarding reasonable accommodations can be found at the following links.

https://www.hud.gov/sites/dfiles/FHEO/documents/huddojstatement.pdf

https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications

Christy Furqueron is an advocate at DRA. Email her at cfurqueron@disabilityrightsAR.org.