Reasonable Accommodation

What is Reasonable Accommodation?

In real estate, a reasonable accommodation refers to 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. This concept is primarily governed by the Fair Housing Act (FHA) and, in some cases, the Americans with Disabilities Act (ADA). For real estate investors and landlords, understanding and properly responding to reasonable accommodation requests is crucial for legal compliance and fostering inclusive housing environments.

The core principle is to remove barriers that prevent individuals with disabilities from fully accessing or enjoying their housing. This doesn't mean every request must be granted; rather, it requires an interactive process between the landlord and the tenant to determine if the request is reasonable and necessary, and if it imposes an undue financial or administrative burden on the housing provider.

Key Aspects of Reasonable Accommodation

• Who Can Request: Any individual with a disability, as defined by the FHA (a physical or mental impairment that substantially limits one or more major life activities), or someone associated with them, can request an accommodation.
• What Can Be Requested: Accommodations can include changes to policies (e.g., waiving a no-pet policy for a service animal), practices (e.g., assigning a reserved parking spot), or services (e.g., providing notices in an alternative format).
• Necessity: The accommodation must be necessary to afford the person with a disability an equal opportunity to use and enjoy the dwelling. There must be a direct link between the requested accommodation and the individual's disability.
• Reasonableness: An accommodation is generally considered reasonable unless it imposes an undue financial and administrative burden on the housing provider or fundamentally alters the nature of the housing services.

Landlord Obligations and Tenant Rights

Landlords have a legal obligation to engage in an interactive process with tenants regarding reasonable accommodation requests. This means communicating openly, considering alternatives, and making a good-faith effort to find a solution. Tenants, in turn, have the right to request accommodations at any time during their tenancy.

Documentation: Landlords may request reliable disability-related information that (1) verifies the person meets the FHA's definition of disability, and (2) describes the necessity of the requested accommodation. This documentation often comes from a doctor, therapist, or other medical professional. However, landlords cannot ask about the nature or severity of the disability, nor can they require a specific type of documentation if other reliable forms are available.

Undue Burden and Direct Threat: A request can be denied if it poses an undue financial and administrative burden or if it would fundamentally alter the nature of the housing. Additionally, an accommodation can be denied if it poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others, provided that the threat cannot be eliminated or significantly reduced by another reasonable accommodation.

Step-by-Step Process for Handling Requests

Effectively managing reasonable accommodation requests requires a structured approach to ensure compliance and fairness. Here's a typical process for real estate investors:

1. Receive the Request: A tenant or applicant can make a request verbally or in writing. Document the date and details of the request immediately.
2. Engage in an Interactive Process: Communicate with the tenant to understand their needs and the connection between their disability and the requested accommodation. If the disability or necessity is not obvious, you may request supporting documentation.
3. Evaluate the Request: Determine if the request is necessary due to a disability and if it is reasonable. Consider if it imposes an undue burden or fundamentally alters your operations. Seek legal counsel if unsure.
4. Make a Decision: Approve the request, deny it with a clear, legally sound reason, or propose an effective alternative accommodation. Provide your decision in writing.
5. Implement the Accommodation: If approved, implement the accommodation promptly. For structural modifications, ensure they comply with building codes and are performed by qualified professionals.
6. Document Everything: Maintain detailed records of the request, all communications, documentation received, the decision, and implementation steps. This is vital for legal protection.

Real-World Examples

Example 1: Service Animal Request

An investor owns a multi-family property with a strict "no pets" policy. A new tenant, Sarah, applies with her service dog, which assists her with a documented anxiety disorder. Sarah provides a letter from her therapist stating the dog is necessary for her emotional well-being and to mitigate symptoms of her disability. The landlord cannot deny Sarah's application or charge a pet deposit/fee for the service animal, as this would be a reasonable accommodation under the Fair Housing Act. The landlord must waive the "no pets" policy for Sarah's service animal. However, Sarah is still responsible for any damage caused by the animal.

Example 2: Accessibility Modification

A tenant, Mark, who uses a wheelchair, requests to install a ramp at the entrance of his ground-floor unit and grab bars in the bathroom. The property owner agrees that these modifications are necessary for Mark to access and use his unit. Under the FHA, the landlord must allow Mark to make these reasonable modifications at his own expense. The landlord can require Mark to restore the premises to their original condition upon vacating, provided it is reasonable to do so and does not interfere with the next disabled tenant's use. The landlord may also require Mark to put money into an escrow account to cover the cost of restoration.

Important Considerations for Investors

• Cost Allocation: While tenants typically bear the cost of modifications, landlords bear the cost of policy or service changes (e.g., assigning a parking spot).
• Legal Counsel: When in doubt, consult with an attorney specializing in fair housing law to ensure compliance and avoid potential discrimination claims.
• Non-Discrimination: Ensure that all tenants and applicants are treated equally, and that accommodation requests are handled consistently and without bias.
• Proactive Measures: Consider making common areas accessible and reviewing policies to identify potential barriers before requests arise.