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Section 8 / HUD

Reasonable Accommodation (Section 8 / Fair Housing)

A change in rules, policies, or physical access that a landlord must provide to enable a tenant with a disability to enjoy equal use of a dwelling.

Reasonable Accommodation (Section 8 / Fair Housing) — A change in rules, policies, or physical access that a landlord must provide to enable a tenant with a disability to enjoy equal use of a dwelling.

Reasonable accommodation is a Fair Housing Act requirement that applies to all rental properties, not just Section 8, though it comes up most frequently in the voucher context. A tenant with a documented disability can request changes to rules, policies, or physical access that allow them to live in the unit on equal footing with a non disabled tenant. Common examples include allowing a service animal in a no pets property, assigning a close parking space to a mobility impaired tenant, permitting an early lease termination for a medical reason, or allowing the installation of grab bars at the landlord's or tenant's expense. Landlords can ask for documentation of the disability and the need for the accommodation, but cannot ask for specifics of the diagnosis. Denying a reasonable accommodation request without proper justification exposes the landlord to Fair Housing complaints and significant legal liability. The right approach is to document every request, respond in writing within a reasonable time, and consult a fair housing attorney for anything unclear.

Example

A tenant with a documented mobility impairment requests permission to install a ramp at the front entrance at their own expense. Landlord approves in writing, adds a provision to the lease requiring the ramp be removed at move out if requested, and files the documentation in the property folder.

Related

Frequently asked questions

Does reasonable accommodation only apply to Section 8?
No. Fair Housing Act reasonable accommodation rules apply to virtually all rental housing, not just voucher properties.
Can I refuse a reasonable accommodation request?
Only if the accommodation would create an undue financial burden, fundamentally alter the nature of your operations, or is unrelated to a disability. Document the reason in writing.
Can I ask a tenant for proof of disability?
You can request documentation that the person has a disability and that the accommodation is related to it, but you cannot ask for the specific diagnosis or medical records.

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