FAIR HOUSING FACTS SHEET # 1

Reasonable Accommodations and Reasonable Modifications In Residential Housing That Is Covered Under Federal And Oregon Fair Housing Laws

To Housing Providers, Applicants for Housing, and Tenants: The following paragraphs provide a general, brief explanation of the rights that individuals with disabilities have to ask for reasonable accommodations or modifications in residential housing. These rights come from the federal Fair Housing Amendments Act of 1988 and Oregon state statutes (ORS Chapter 659a). These laws cover any type of residential dwelling, including but not limited to publicly owned and privately owned rental units, dwellings governed by homeowners or condominium associations co, and retirement centers. This fact sheet uses the term "rental unit" throughout, but the same principles apply to any other type of covered residential housing.

Fair housing law states that it is an act of unlawful discrimination for a housing provider to refuse to make reasonable accommodations in rules, policies, practices, or procedures when such accommodations may be necessary in order to afford the person with a disability an equal opportunity to apply for occupancy or use and enjoy the rental unit, all common areas, and any other included services and amenities. It is also unlawful discrimination for a housing provider to refuse to allow the tenant to make reasonable modifications to the structure of the rental unit or the common areas (or, in some cases, to make the changes themselves) that will allow the tenant with a disability the full use and enjoyment of the dwelling unit and other included services or amenities on the property. "Disability" is defined under state and federal fair housing law as a physical or mental impairment that substantially limits the individual in one or more major life activities. These activities include, but are not limited to, seeing, walking, climbing, standing, lifting, hearing, speaking, breathing, thinking, concentrating, interacting with others, self-care, and learning. The laws specifically exclude people from this definition whose disability is the result of current illegal use of drugs, although it prohibits discrimination against people solely because of impairments related to other current substance abuse, such as alcoholism. The laws do protect individuals with a history of illegal drug use who are no longer using drugs.

A person with a disability is entitled to ask for reasonable accommodations at any time during the housing application process or during a tenancy, up to and including eviction proceedings. Under fair housing law, there is no limit in the number of reasonable accommodations or reasonable modifications that an individual with a disability can request. A housing provider must consider each request on its own merits and agree to the request, unless the proposed reasonable accommodation or modification:

(1) would fundamentally alter the nature of the housing that is being offered,
(2) would pose an undue financial or administrative burden to the housing provider, or
(3) would present an actual, verifiable direct threat to person or property.

The burden is on the housing provider to prove that one or more of these "defenses" applies.

In general, a tenant in privately owned housing must pay for making reasonable structural modifications to his or her unit or a common area, such as a laundry room. The housing provider has the right to ask that the modifications be done in a professional manner. If the housing unit receives public money from federal, state, or local government, the housing provider (such as a housing authority) usually has the responsibility of paying for reasonable modifications.

Housing providers may also ask that the modified unit be restored to its previous condition if the modifications make the unit less marketable. For example, the landlord may require that bathroom grab bars be removed, but he or she may not require that invisible extra supports put inside the walls to hold the grab bars also be removed. Doorways that have been widened do not need to be narrowed. The tenant is not required to return a common area to its previous condition.

The housing provider can ask the person with a disability who is requesting a reasonable accommodation or modification to furnish documentation from a professional that a requested accommodation or modification is:

  1. necessary because of a disability, and
  2. will allow the disabled individual to
    1. enjoy the dwelling unit and any amenities or services included with the rental in a manner equal to other tenants, and/or
    2. abide by the rules.
In fact, the individual with a disability can speed up the request process by including a letter from an appropriate professional with his or her written reasonable accommodation request. The individual can get a letter from a doctor, counselor, social service provider, pastor, or other reliable professional source who is familiar with the individual and his or her disability-related needs.

If such documentation does not accompany a request for accommodation or modification, the housing provider can ask that the applicant or tenant furnish such information. A housing provider is not entitled to inquire into the nature or extent of the disability, nor can the provider require an applicant or tenant to release his or her medical records. A housing provider is entitled have a statement from a professional that the applicant or tenant has a disability and that the individual's disability results in one or more functional limitations, such as inability to climb stairs, blindness, or difficulty in maintaining emotionally stability. Further, the housing provider can seek information about how the requested accommodation or modification will relates to the individual's functional limitations and how the accommodation or modification will allow the individual to have equal access to the housing.

The applicant or tenant is usually the best source of information on how to adapt the environment through accommodations or modifications to deal with his or her functional limitations. However, a housing provider is entitled to propose a different accommodation or modification that he or she believes will be less costly or administratively burdensome and equally effective in removing the barriers to a successful tenancy. The housing provider and applicant or tenant can then work together in an "interactive process" to negotiate and come up with the best accommodations and/or modifications.