As a landlord in Saratoga Springs, NY, ensuring that your rental property is accessible and inclusive is more than just a legal obligation, it’s a vital part of building a positive relationship with tenants and maintaining a successful rental business.
The Fair Housing Act, Fair Housing Amendments Act, and state and local governments all mandate that housing providers provide reasonable accommodations for tenants with disabilities. But what does that mean in practical terms?
In this blog, we’ll explore what is reasonable accommodation, how to implement it fairly and legally, and how you can stay compliant while providing a comfortable living space for all tenants.
What Is a Reasonable Accommodation?
A reasonable accommodation is a change or exception to rules, policies, practices, or services that may be necessary for a person with a physical or mental impairment that substantially limits one or more major life activities to have an equal opportunity to use and enjoy a rental unit.
These accommodations may be structural, like installing grab bars, or procedural, like allowing an assistance animal in a no-pet building.
Under the federal Fair Housing Act, housing providers must make reasonable accommodation requests unless doing so would result in an unfair financial or administrative burden or significantly alter the nature of the housing.
Examples of Reasonable Accommodations
Here are some common examples you might encounter:
Permitting a service or emotional support animal, even in properties with no-pet policies
Assigning a parking space near the unit for a tenant with limited mobility
Allowing rent payments to be made by a representative payee
Accepting alternative communication formats, such as email or phone instead of written notices
Installing minor modifications such as grab bars or making entrances physically accessible
These examples show how small changes can create equal housing opportunities and maintain housing rights for people with disabilities.
Understanding Fair Housing Protections
The Fair Housing Amendments, the Rehabilitation Act, and implementing regulations from the Department of Housing and Urban Development (HUD) require landlords like you to provide reasonable accommodations to tenants with qualifying disabilities.
These laws prohibit discrimination based on disability, race, color, religion, sex, national origin, or familial status.
Tenants who receive federal financial assistance, such as Supplemental Security Income, also enjoy additional protections. You cannot deny a tenant based on the applicant’s disability or charge them a pet fee for an assistance animal.
As a landlord, it's crucial to understand the legal responsibilities associated with reasonable accommodation requests to ensure compliance and develop trust with tenants.
Distinguishing Between Accommodations and Modifications
It’s important to distinguish between reasonable accommodations and reasonable modifications.
Such as:
Accommodations involve changing rules or policies, for example, allowing a tenant to have an emotional support animal.
Modifications involve physical changes to the rental unit, like installing grab bars, ramps, or making the unit physically accessible.
Housing providers receiving federal financial assistance may be responsible for the cost, while tenants typically pay for modifications.
How to Handle Reasonable Accommodation Requests
Follow these steps when a tenant or applicant requests an accommodation:
Acknowledge Promptly: Respond quickly to show good faith.
Request Documentation: You may request verification from a medical professional or other medical professional if the disability or need is not visible.
Assess Reasonableness: Evaluate whether the accommodation causes an undue financial or administrative burden.
Document Everything: Keep a written record of the process and outcome.
You cannot reject a request based on what you think is best or based on preferences of other residents. Your decision must be based on legal standards and not personal judgment.
Common Requests Involving Assistance Animals
Assistance animals, including both service animals and emotional support animals are some of the most frequent reasonable accommodation requests.
Here’s what to keep in mind:
These animals are not pets and cannot be subjected to pet fees.
You may request reliable documentation of the need if not obvious.
You cannot impose breed, size, or weight restrictions.
Understanding your obligations under the Fair Housing Amendments Act and the Rehabilitation Act will help you avoid discriminatory practices.
Tips for Property Owners and Housing Providers
Include language about reasonable accommodations and reasonable modifications in your lease agreements.
Regularly review local governments’ guidelines to stay compliant.
Consult legal professionals to ensure your policies align with HUD implementing regulations.
Train staff to recognize and appropriately respond to reasonable accommodation requests.
The goal is to provide equal opportunity to access housing, not to treat everyone the same.
Let Veno Properties Help You Stay Compliant
At Veno Properties, we understand that handling disability laws can be confusing for property owners like you. Our experienced team helps housing providers in Saratoga Springs and surrounding areas implement effective, compliant policies for accommodating all tenants.
Whether it’s managing assistance animal requests, ensuring your units are physically accessible, or handling documentation, we’re here to help you every step of the way.
Contact us today to protect your investment while promoting fair housing practices.
Frequently Asked Questions: Accommodating Tenants with Disabilities
1. What counts as a disability under the Fair Housing Act?
A disability includes any physical or mental impairment that substantially limits one or more major life activities. This may include conditions like mobility impairments, mental health disorders, chronic illnesses, and visual or hearing impairments.
2. Do I need to allow an emotional support animal in a no-pet rental unit?
Yes. Under the Fair Housing Act, housing providers must consider requests for an assistance animal, including emotional support animals, as a reasonable accommodation, even if the property has a no-pet policy. These animals are not considered pets and cannot be subjected to pet fees.
3. What documentation can I request for a reasonable accommodation?
If a disability is not obvious, you may request reliable documentation from a medical professional or other medical provider confirming the disability and the need for the requested accommodation. However, you cannot ask for detailed medical records or a diagnosis.
4. What are examples of reasonable modifications?
Reasonable modifications are physical changes to the rental unit or common areas that allow a tenant with a disability to fully use the property. Examples include installing grab bars, widening doorways, or providing a designated parking space. In many cases, tenants are responsible for the cost unless the property receives federal financial assistance.
5. What if a requested accommodation causes undue financial hardship?
You are not required to provide reasonable accommodations if doing so would create an undue financial or administrative burden or would fundamentally alter the nature of the housing. These situations are rare and should be approached with legal guidance and thorough documentation.
