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New guidance released last month by the Departments of Housing and
Urban Development (HUD) and Justice (DOJ) reinforced the right of
persons with disabilities to make “reasonable
modifications” to their dwellings if a structural change to
their dwelling or to a common area of the building or complex in
which they live is needed. The guidance is designed to help housing
providers and homeowners’ associations better understand their
obligations and help persons with disabilities better understand
their rights regarding the “reasonable modifications”
provision of the federal Fair Housing Act (FHA).
“Persons with disabilities have a right to have the place they
call home altered in a way that will enable them to fully enjoy
it,” said Kim Kendrick, HUD’s Assistant Secretary for
Fair Housing and Equal Opportunity. “This guidance is a major
step toward enforcing that right today, and for generations to
come.”
One type of discrimination prohibited by the FHA is the refusal by
housing providers or homeowner associations to permit a reasonable
modification – i.e., a structural alteration – of
existing premises, occupied or to be occupied by a person with a
disability, when the modification may be necessary to afford the
person full enjoyment of the premises. Although the housing
provider or homeowner association must permit the modification, the
tenant (or prospective tenant) is responsible for paying the cost
of the modification. Examples of reasonable modifications include
widening doorways to make rooms more accessible to persons who use
wheelchairs, or installing a ramp to provide access to a public or
common use area, such as a clubhouse.
“The right to reasonable modifications is essential to
ensuring that persons with disabilities can fully enjoy the homes
in which they live,” said Grace Chung Becker, Acting Assistant
Attorney General for the Justice Department’s Civil Rights
Division. “This guidance will help housing providers
understand their obligations under this important component of the
Fair Housing Act.”
The new guidelines, issued in the form of questions and answers,
cover such topics as:
- What is a reasonable modification?
- Who must comply with the reasonable modification
requirement?
- Who is responsible for expenses associated with the upkeep or
maintenance of a reasonable modification?
- When and how should an individual request permission to make a
modification?
- What types of documents and assurances may a housing provider
require regarding the modification before granting the
modification?
- What procedures are available to a person wishing to challenge
a denial of a requested modification?
The guidelines are available online on the HUD website. In addition, FHA resources
for architects are available here.
Casius Pealer is a graduate of Tulane Univerity's School of
Architecture and the University of Michigan Law School. He is
currently an affordable housing attorney in Washington,
DC
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