A Landlord's Guide to Reasonable Modifications
Understanding your responsibilities regarding physical changes to your property is a cornerstone of being a successful and compliant landlord, especially within the Housing Choice Voucher (HCV) program.
A “Reasonable Modification” is a structural change made to a property to give a person with a disability full use and enjoyment of their home. Think of it as a physical alteration, not a change in rules.
This guide will walk you through your obligations, the process for handling requests, and the all-important question of who is responsible for the cost.
The Fundamental Difference: Modifications vs. Accommodations
Before we dive in, it’s crucial to understand the distinction between two similar-sounding terms that have very different meanings under fair housing law.
| Concept | Description | Examples |
|---|---|---|
| Reasonable Modification | A physical change to the property itself. | Installing grab bars, widening a doorway, installing an entry ramp. |
| Reasonable Accommodation | A change, exception, or adjustment to a rule, policy, practice, or service. | Allowing an assistance animal, providing reserved parking, allowing rent by mail. |
This article focuses exclusively on Reasonable Modifications—the physical changes to your unit or the premises.
Your Core Obligation: The Duty to Permit
Under the Fair Housing Act, your primary responsibility as a landlord is to permit a tenant to make reasonable modifications to their unit or associated common areas, at their own expense, when such modifications are necessary to afford them full enjoyment of the premises.
Note
Denying a valid request for a reasonable modification is a form of housing discrimination. It’s not just about following the law; it’s about providing equal access to housing and opening your property to a wider pool of qualified, long-term tenants.
Warning
An outright refusal to permit a necessary and reasonable physical modification can lead to a formal fair housing complaint filed with HUD. It is critical to engage with any request seriously and follow the correct process.
The Deciding Factor: Who Pays for the Modification?
This is the most critical question for any investor, and the answer depends on the context of the tenancy. The lines of financial responsibility are drawn by two different federal laws: the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act of 1973.
Scenario 1: A Standard Private Landlord (FHA Rules)
If you are a private landlord not receiving federal financial assistance for the property, the Fair Housing Act is the primary guide. The rule is straightforward:
- The tenant is responsible for the cost of the modification.
- The landlord’s obligation is to permit the change.
Scenario 2: A Section 8 Landlord (Section 504 Rules Apply)
When you participate in the HCV program, your tenancy is linked to a Public Housing Authority (PHA) that receives federal funds. This brings Section 504 into play, which has a higher standard of obligation.
According to the Fair Housing and Nondiscrimination Requirements handbook, Section 504 requires recipients of federal funds (the PHA) to pay for structural modifications as a reasonable accommodation unless doing so would cause an “undue financial and administrative burden” on the agency.
Important
This is a crucial distinction. While in a typical private rental the tenant pays, in a Section 8 tenancy, the PHA may be obligated to cover the cost of the modification. As the landlord, you should understand that the source of funding for the modification may come from the PHA, not the tenant. This removes a significant financial barrier for the tenant and makes it easier for you to approve the work without worrying about the tenant’s ability to pay.
Your role is to permit the necessary work, and the PHA will determine its obligation to fund it based on its resources and the nature of the request.
How to Handle a Modification Request: A Step-by-Step Process
When a tenant requests a physical modification, follow this process to ensure compliance and clear communication.
Step 1: Acknowledge the Request
Treat any request, whether verbal or written, as a formal request. There is no magic form required.
Step 2: Engage in the “Interactive Process”
This is simply a good-faith conversation between you, the tenant, and potentially the PHA. The goal is to understand the tenant’s disability-related need and discuss how the requested modification addresses it.
Step 3: Verify the Need (Only if Necessary)
If the tenant’s disability and the need for the modification are not obvious, you may request reliable documentation that confirms two things:
- That the tenant has a disability (as defined by the FHA).
- That there is a “nexus” (a direct link) between their disability and the need for the requested modification.
Step 4: Permit the Modification
Once the need is established, you must permit the modification. You can, however, set reasonable conditions.
Step 5: Discuss Logistics
- Workmanship: You can require that the work be done in a workmanlike manner and that the tenant obtain any necessary building permits.
- Who Pays: As discussed, this depends. In an HCV tenancy, the tenant can work with the PHA to request funding for the modification.
Caution
You are not entitled to know the nature or severity of a person’s disability or to see their medical records. The inquiry must be limited to the verification of the disability-related need for the specific modification requested. Overly intrusive questions can be a form of discrimination.
The Restoration Clause
The Fair Housing Act allows a landlord to require the tenant to restore the interior of the unit to its previous condition upon moving out, but only if the modification would interfere with the next tenant’s use and enjoyment of the unit.
- Example of a change that may need restoration:
- Widening a doorway.
- Example of a change that likely does not need restoration:
- Installing grab bars in a bathroom or reinforcing a wall to support them, as these generally do not detract from the unit’s utility for future tenants.
You cannot require restoration of modifications made to common areas.
Tip
It is a best practice to document any agreement regarding restoration in writing at the time the modification is approved. This prevents future disputes. Always keep detailed records of modification requests, your communications, any documentation provided, and the final resolution. This protects all parties involved.