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Reasonable Accommodation and Modification

This article, "Reasonable Accommodation and Modification" is the second half of the two part article on Fair Housing law. For more information on Fair Housing, pleae refer to the Fair Housing article in the Housing Planning Library.

Reasonable Accommodation

Reasonable accommodation is a change, adaptation or modification to a policy, program, service, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, or perform a job. Reasonable accommodations are also things that are necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces. Since persons with disabilities may have special needs due to their disabilities, in some cases, simply treating individual with disabilities exactly the same as others may not ensure that they have an equal opportunity to use and enjoy a dwelling.

In order to show that a requested accommodation may be necessary, there must be an identifiable relationship, between the requested accommodation and the individual's disability. What is reasonable must be determined on a case-by-case basis. Listed below are some examples of typical reasonable accommodations that come up often:

  • A federally assisted housing provider has a policy of not providing assigned parking spaces. A tenant with mobility impairment, who has difficulty walking, is provided a reasonable accommodation by being given an assigned accessible parking space in front of the entrance to his unit.
  • A federally assisted housing provider has a policy of requiring tenants to come to the rental office to pay their rent. A tenant with a mental disability, who is afraid to leave her unit, is provided a reasonable accommodation by being allowed to mail her rent payment.
  • A federally assisted housing provider has a "No Pets" policy. A tenant, who uses a wheelchair or has a doctor's order to have an animal as a companion, is allowed to have an assistive animal as a reasonable accommodation to her disability. If the landlord does refuse, he or she has violated federal law, including the Americans with Disabilities Act.
  • An older tenant has a stroke and begins to use a wheelchair. Her apartment has steps at the entrance and she needs a ramp to enter the unit. Her federally assisted housing provider pays for the construction of a ramp as a reasonable accommodation to the tenant's disability.
  • Requesting a main floor apartment that is accessible
  • Overlooking an individual's poor credit history due to mitigating circumstances.

When an individual with a disability realizes that an accommodation may be needed, the request for an accommodation should be made as soon as possible.

Reasonable Modification

These policies under federal fair housing laws allow people with disabilities to alter their rental housing units to meet their unique needs related to their disabilities. The physical modification must be made at the person's own expense and must be completed in a professional manner in compliance with all local building codes. The tenant is expected to restore the unit to its original condition before moving if the change may deter others from wanting to rent the home. The owner does not have to permit the tenant with a disability to make a modification that is unreasonable or not related to the person's disability. Examples of reasonable modifications might include:

  • Making doors wider to accommodate a wheelchair.
  • Installing a ramp for wheelchair access.

How to Request an Accommodation or a Modification

When an individual with a disability realizes that an accommodation or modification may be needed, the request should be made as soon as possible. The landlord should be notified in writing of the disability. The letter must also request the landlord to make specific changes so that the individual with the disability can have an equal opportunity to use and enjoy the apartment or house as a person without a disability would.

A letter from a health care provider must be included that verifies the existence of the disability. If a letter from a service provider cannot be obtained, the landlord can be granted permission (a signed release of information form) to directly contact the provider for specified information about the disability. To do this sign a release of information form. Be sure that ONLY the information to be shared by the provider is listed on the form.

Accessible Dwelling Unit

An accessible dwelling unit is defined as a unit that is located on an accessible route and can be approached, entered, and used by individuals with physical disabilities. Grounds are available to sue or file a complaint if a landlord fails to comply with accessibility guidelines in new construction of "covered" dwellings (Built after March 13, 1991) or otherwise makes housing unavailable based on your having a disability.

Fair Housing Law says an individual has grounds to file a complaint or to sue a landlord if the landlord refuses to rent or sell to that person because of their disability or refuses to allow reasonable accommodations or modifications to the housing.

What to do if the Request is denied

First, try to find out why the request was not granted. Keep a written record of all conversations and interactions with the landlord.

An individual has the right to file a complaint with Department of Civil Rights; within 180 days. Some individuals hire an attorney to file a complaint. To find out if an attorney is needed and to get information about the process of filing a civil rights complaint contact:

Detroit Executive Office- Department of Civil Rights
Cadillac Place
3054 West Grand Boulevard, Suite 3-600
Detroit, MI 48202
Phone: (313) 456-3843 (800) 482-3604 TTY (877)878-8464

Lansing Executive Office - Department of Civil Rights
Capitol Tower Building, Ste. 800
Lansing, MI 48933
Phone: (517) 335-3165
Fax: (517) 241-0546
TTY: (517) 241-1965
Email: MDCR-INFO@michigan.gov

If living in HUD subsidized housing, a complaint may be filed to the Department of Housing and Urban Development within 1 year of being denied a request. For information and to make a complaint to HUD call: (800)669-9777 / TDD (800)927-9275
If a complaint is made to HUD within 180 days of the last time the landlord ignored or denied a request, the case will be automatically transferred to the Department of Civil Rights.