How to Handle Tenant Requests for Reasonable Accommodations

As a landlord or property manager, it is essential to understand the importance of providing reasonable accommodations to tenants with disabilities. The Fair Housing Act (FHA) and the Americans with Disabilities Act (Ada) protect the rights of individuals with disabilities and require landlords to make reasonable accommodations for their tenants. This article will provide valuable insights and guidance on how to handle tenant requests for reasonable accommodations, including understanding the legal requirements, evaluating requests, and implementing accommodations. We will also discuss relevant examples, case studies, and statistics to support our points.

Understanding the Legal Requirements

The FHA and ADA are federal laws that protect individuals with disabilities from discrimination in housing. These laws require landlords to make reasonable accommodations for tenants with disabilities, which are changes to rules, policies, practices, or services that allow a person with a disability to have equal opportunity to use and enjoy a dwelling. Some examples of reasonable accommodations include:

• Allowing a service or emotional support animal in a no-pet building
• Providing a reserved parking space close to the tenant’s unit
• Installing grab bars in the bathroom
• Allowing a tenant to have a live-in caregiver

It is important to note that landlords are not required to make accommodations that would cause an undue financial or administrative burden or fundamentally alter the nature of their housing program. Additionally, landlords are not required to make structural modifications to their property, although they must allow tenants to make these modifications at their own expense.

Evaluating Tenant Requests for Reasonable Accommodations

When a tenant requests a reasonable accommodation, it is crucial to follow a consistent process to evaluate the request and determine whether it is necessary and reasonable. Here are some steps to follow:

1. Verify the Tenant’s Disability

Landlords are allowed to request verification of a tenant’s disability if it is not readily apparent. This can be done by asking the tenant to provide documentation from a qualified professional, such as a doctor, therapist, or social worker, that confirms the tenant has a disability and requires the requested accommodation.

2. Determine if the Request is Reasonable

Once the tenant’s disability has been verified, landlords must determine if the requested accommodation is reasonable. This involves considering factors such as:

• The cost of the accommodation
• The potential impact on other tenants
• The availability of alternative accommodations
• Whether the accommodation would fundamentally alter the nature of the housing program

If the accommodation is deemed reasonable, landlords should work with the tenant to implement the accommodation as soon as possible. If the accommodation is not reasonable, landlords should engage in an interactive process with the tenant to explore alternative accommodations that may be more feasible.

Implementing Reasonable Accommodations

Once a reasonable accommodation has been agreed upon, it is important for landlords to implement the accommodation in a timely and efficient manner. This may involve:

• Modifying rules, policies, or procedures
• Coordinating with maintenance staff or contractors to make physical modifications to the property
• Communicating with other tenants about the accommodation, if necessary

It is essential for landlords to maintain open communication with the tenant throughout the implementation process to ensure their needs are being met and to address any concerns that may arise.

Case Study: Service Animals and Emotional Support Animals

One of the most common requests for reasonable accommodations involves allowing service animals or emotional support animals in a no-pet building. According to a 2018 survey by the National Apartment Association, 75% of property managers reported an increase in requests for assistance animals in the past five years.

Service animals are specifically trained to perform tasks for individuals with disabilities, while emotional support animals provide comfort and companionship to individuals with mental health disabilities. Both types of animals are considered reasonable accommodations under the FHA, and landlords are required to allow them in their properties, even if they have a no-pet policy.

When evaluating a request for a service or emotional support animal, landlords should follow the same process outlined above, including verifying the tenant’s disability and determining if the request is reasonable. It is important to note that landlords cannot charge pet fees or deposits for service or emotional support animals, as they are not considered pets under the FHA.

Conclusion

Handling tenant requests for reasonable accommodations can be a complex and sensitive process, but it is essential for landlords and property managers to understand their legal obligations and follow a consistent process to evaluate and implement accommodations. By doing so, they can ensure they are providing equal housing opportunities for all tenants, regardless of their disabilities, and fostering a positive and inclusive living environment.

Key takeaways from this article include:

• Understanding the legal requirements under the FHA and ADA for providing reasonable accommodations to tenants with disabilities
• Following a consistent process to evaluate tenant requests for reasonable accommodations, including verifying the tenant’s disability and determining if the request is reasonable
• Implementing reasonable accommodations in a timely and efficient manner, while maintaining open communication with the tenant
• Recognizing the importance of providing reasonable accommodations for service animals and emotional support animals, even in no-pet buildings