Accommodations and Modifications

[John Boland]

When a tenant asks for an accommodation or modification, I try to handle it properly and stay within Fair Housing rules, even though it sometimes feels like I don’t have much choice in the matter. I own two condos, and while I want to do the right thing, it can be tough to figure out what that is when the rules are so strict.

Here’s what I usually do:

• 1. Look Over the Request: First, I take a close look at what the tenant is asking for. I try to understand the details and think about how it might affect the property, now and down the line.
• 2. Ask for Documentation: If the request involves a disability, I ask for some kind of proof to make sure it’s a genuine need. It’s not about being difficult—it’s just about making sure everything is above board and that I’m not setting myself up for future problems.
• 3. Decide What’s Reasonable: Next, I think about whether the request is reasonable and if it would be a big financial or logistical challenge. If it seems fair and won’t cause major issues, I usually try to accommodate it.
• 4. Give a Written Response: I always reply in writing, explaining my decision. If I can’t do what they’re asking, I make sure to explain why in a way that respects the Fair Housing rules—I don’t want to get into any legal trouble.
• 5. Get It Done and Keep Records: If I approve the request, I make sure to get it done as soon as I can. I also keep detailed notes of all requests, decisions, and communications so I’m covered if any issues come up later.

What am I doing wrong?

[Krista Reuther]

Hey John!

It sounds like you have a solid plan of action to handle accommodation and modification requests. I’d love to expand on steps two and three.

For step two, I recommend getting in touch with your local HUD office (or the HUD office local to your rental for remote landlords) and asking what kind of documentation you can request to validate someone’s disability. Following their guidance can help you avoid a Fair Housing violation.

Onto step three. Folks often struggle with reasonable-ness – which is fair, it seems subjective. A reasonable request is one that you can afford to implement and doesn’t alter the nature of your business. To assess the affordability and prove that you thoroughly investigated the request, I recommend gathering at least three quotes for the proposed work.

For example, let’s say you have a tenant who now uses a wheelchair. If they request that you install grab bars in the shower, you should price out the cost of the installation with at least three contractors.

That request is fairly straightforward, and most landlords would likely install the grab bars without pause. But if you get a considerably more expensive or complicated request, having at least three quotes shows that you did your due diligence and didn’t stop at the first sign of friction.

At the end of the day, HUD wants to see that you’re trying your best to give tenants with disabilities access to everything they fully enjoy your property.

[John Boland]

Thanks Krista, that’s super helpful!