Reasonable Accommodations: What Can I Do if the Landlord Denied My Request?
A denial happens if the landlord says no or if they delay too long. The housing provider needs to engage in the interactive process.
Reasons for a Denial:
There are valid reasons for denial.
- The landlord may deny a request for reasonable accommodation if it causes an undue burden. They would consider:
- The administrative and financial costs of the request,
- The costs of the housing provider’s regular operations,
- The overall financial resources available to the housing provider,
- The benefit the request would have on the requestor, and
- Whether there are any alternatives which could be granted.
- The landlord may also deny the request if the tenant is a direct threat to the health and safety of other individuals. 42 USC Section 3604(f)(9). They would consider:
- The nature, duration, and severity of the risk of injury,
- The probability that injury will actually occur,
- Whether the person has received intervening treatment or medication to minimize the direct threat risk, and
- Whether there are any reasonable accommodations that will eliminate or acceptably minimize the direct threat.
There are invalid reasons for denial. Click here to read more.
Next Steps
- The tenant can try to continue to communicate with the landlord to offer an alternative or come to a different solution.
- The tenant may consider filing a complaint with an enforcement agency. Click here for more.
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.