Reasonable Accommodations: Who Pays the Costs?
The landlord said yes to your request for a reasonable accommodation or modification. Now, who’s responsible for the costs?
Reasonable Accommodation
| Requesting Changes |
- A reasonable accommodation means a change made for someone with specific needs.
- It usually doesn't cost anything, but if there's a cost, the housing provider should pay.
- The landlord can't ask you for any fees or deposits.
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| Assistance Animals |
- These animals aren't pets, so the landlord cannot charge pet fees, pet rent, or pet deposits.
- If an assistance animal causes damage beyond normal wear and tear, the landlord can ask the tenant to cover the repairs.
- A landlord can't force a person with a disability to get liability insurance for their assistance animal as a condition for approval. The landlord should talk to the resident and ask the insurance company for a reasonable accommodation when:
- The landlord’s insurance company won’t cover the property because of the animal,
- The cost of insurance increases substantially, or
- The landlord’s policy changes because of the animal’s breed.
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Reasonable Modification
| Making Structural Changes |
- This means changing the structure so that it's easier for someone with specific needs to use.
- Usually, residents need to pay for these changes.
- If the housing provider gets federal money, they should pay for changes, unless it's too hard for them. This comes from a law called Section 504 of the Rehabilitation Act. But residents with Housing Choice Vouchers need to pay, because this law doesn’t protect them.
- The landlord can’t force the resident to get special liability insurance.
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| Aesthetic Changes |
- The housing provider can't refuse because they think the building’s aesthetics or its property value might change.
- If they want a better-looking design that meets the resident's needs without extra cost, they can ask for that. If it costs more, they should pay.
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| Maintenance |
- Usually, residents are responsible for looking after changes inside their unit, like a chair lift.
- If it's in a common area, the housing provider should maintain it if they usually care for those areas.
- If residents usually look after common areas, they need to maintain the modification there.
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It's important to understand who pays for changes in housing, so that one's living space more accessible and suitable for one's needs.
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.