Tenant's Toolkit: Requesting Accommodations for Disabilities
You want to ask the landlord for a reasonable accommodation or modification. What’s next?
Step 1: Tenant Sends Request to the Landlord
Tenants can ask for a change (like special arrangements or adjustments) in different ways: by talking, writing a note, or filling out a form. There's no special form needed or magic phrases (like mentioning specific laws or “reasonable accommodation,” but the request should include:
- Saying you have a disability.
- Explaining what change you need.
- Showing how this change can help because of your disability.
Things to Know:
- The request can be made at any time - even during an eviction. But, the sooner, the better.
- Even though a verbal conversation is enough, asking for the accommodation in writing it down is better.
- You don't have to share all the details about your medical condition. Instead, explain how it affects daily things like seeing, hearing, walking, or taking care of yourself. Sometimes, landlords might ask for a note from a doctor to understand better.
- Tell why this change is important because of your disability and suggest what could work better for you. It needs to be something that's reasonable and necessary.
Step 2: Landlord Responds
Landlords have a few choices:
- They might say "yes" to the change.
- They might say "no."
- They might ask for more info.
- If they do nothing or take too long to respond, it could be considered a denial. They should give an estimated timeline or expected response date.
Things to Know:
- They have to keep your privacy and not tell others about your situation.
- Landlords can ask for some information to figure out if your request is needed.
- They can’t ask for a specific diagnosis or entire medical history.
- If the disability is known or apparent, the landlord can’t ask for more information unless it’s not clear how the need is connected.
- If the disability is unknown or not apparent, the landlord can ask for more verification like a letter from a medical professional, social service provider, the Social Security Administration, or other reliable third-party
- The landlord may deny the request for certain reasons:
- Not reasonable accommodation: (1) It is an undue financial and administrative burden on the landlord; or significantly changes the landlord’s basic operation.
- Not reasonable modification: The resident fails or refuses to provide the requested assurances about the workmanship, permits, and restoration of the property.
Example: Request for Information
- Leah uses a walker. She asks her housing provider to assign her a parking space near the entrance to the building. Because Leah’s disability and need for the requested accommodation are both obvious, the housing provider may not ask for more information.
- Jose uses a wheelchair. He asks his housing provider if he can keep an emotional support dog in his unit even though the provider has a “no pets” policy. Jose’s physical disability is apparent but the need for an emotional support animal is not. The housing provider may ask Jose to provide information about the need for the dog.
Remember, asking for changes in your home because of your needs is important, and your landlord should try to help. But sometimes, it might not be possible because of certain reasons. It's about finding what's fair and possible for both sides.
Check out the following articles:
- What can I do if the landlord denies my request?
- What are some invalid reasons to deny a request for reasonable accommodations or modifications?
- Who is responsible for the associated costs and fees?
- What are more examples of reasonable accommodations and modifications?
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.