Reasonable Accommodation For Disability Defenses Against An Eviction

The Fair Housing Act provides for a reasonable accommodation to a disabled person. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. Disabled persons may need different things such as rules, policies, and services than other persons. A reasonable accommodation helps a disabled person have equal opportunity to housing.

Reasonable accommodation requirements apply to any individuals and organizations involved in housing transactions.

This includes:

• Landlords: Landlords who own or rent out housing units.
• Property Management Companies: Property management companies that manage housing units.
• Homeowner's Associations: Homeowner's associations that manage common areas or amenities in a housing complex (such as a pool or clubhouse)
• Real Estate Agents and Brokers: Real estate agents and brokers that sell or rent out housing units.
• Lenders and Insurers: Lenders and insurers who provide financing or insurance for housing units.

In general, anyone involved in the rental or sale of housing is required to comply with the reasonable accommodation requirements of the Fair Housing Act.

A requested accommodation or modification may be necessary when there is an identifiable relationship between the requested accommodation or modification and the individual’s disability. For example, it would be necessary for a landlord to waive a no-pets policy for a disabled tenant with a service/assistance animal. 

Under the Fair Housing Act, providers of housing are required to provide reasonable accommodations for individuals with disabilities, even if doing so involves some costs on their part. However, the accommodation must be reasonable and not impose an undue financial burden on the provider.

If a requested accommodation would involve some costs on the part of the housing provider, the provider should work with the individual requesting the accommodation to explore alternatives that are less costly but still meet the individual's needs. For example, the provider might suggest a lower-cost alternative that achieves the same outcome, or propose a phased approach to implementing the accommodation over time to reduce the financial impact.

If the provider determines that the requested accommodation would impose an undue financial burden, they may be able to deny the request. However, the provider should be prepared to demonstrate why the accommodation is not reasonable and would impose an undue financial burden.

It is also worth noting that in some cases, financial assistance may be available to help offset the costs of making a reasonable accommodation. For example, the U.S. Department of Housing and Urban Development (HUD) provides grants to help cover the costs of making modifications to housing to make it more accessible for people with disabilities. Providers of housing should explore all available options before denying a requested accommodation on the basis of cost.

A housing provider may not charge an extra fee or require an additional deposit from applicants or residents with disabilities as a condition of granting a reasonable accommodation. The Fair Housing Act prohibits housing providers from imposing any extra costs or fees on individuals with disabilities in connection with a reasonable accommodation request. 

For example, a landlord may not charge a higher security deposit from a tenant with a disability who needs to have a service animal in the unit as an accommodation for their disability. Similarly, a homeowners association may not charge a fee for an individual with a disability to use a designated accessible parking space as an accommodation.

Housing providers are required to provide reasonable accommodations without imposing any extra costs or fees on individuals with disabilities. However, the provider may require the individual with a disability to pay for any damage caused to the housing unit or common areas by their service animal or other accommodation, just as they would for any other tenant or resident.

Under the Fair Housing Act, a fundamental alteration is a change that is so significant that it would fundamentally alter the nature of the provider's operations. If a requested accommodation would require a fundamental alteration, then the provider may be able to deny the request without violating the Fair Housing Act.

Whether a requested accommodation would result in a fundamental alteration is determined on a case-by-case basis, and the following factors may be considered:

1. The nature and cost of the accommodation: If the requested accommodation would be prohibitively expensive or require significant resources, it may be considered a fundamental alteration.

2. The impact of the accommodation on other residents: If granting the requested accommodation would impact other residents in a significant way, it may be considered a fundamental alteration.

3. The nature of the provider's operations: If the provider's operations are such that granting the requested accommodation would fundamentally alter their business model, it may be considered a fundamental alteration.

4. Alternatives to the requested accommodation: If there are other accommodations that could meet the individual's needs without resulting in a fundamental alteration, the provider may be required to consider those alternatives.

It is important to note that the determination of whether a requested accommodation would result in a fundamental alteration is based on an objective analysis of the specific circumstances involved. Providers should carefully document their decision-making process and be prepared to explain their reasoning if challenged.

A housing provider is generally not obligated to provide a reasonable accommodation to a resident or applicant if an accommodation has not been requested. However, if the housing provider is aware of the individual's disability and the need for an accommodation, they may have an obligation to engage in a dialogue with the individual to determine if a reasonable accommodation is necessary.

Under the Fair Housing Act, housing providers are required to make reasonable accommodations to rules, policies, practices, or services when necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. However, the law does not require housing providers to anticipate the need for a reasonable accommodation or provide one before it is requested.

If a resident or applicant with a disability requires a reasonable accommodation, they should make a request to the housing provider. The request should be in writing and explain the need for the accommodation. The housing provider should then engage in a dialogue with the individual to determine if the requested accommodation is necessary and reasonable.