Home Access Answers
Legal Rights to Modify Rental
Housing
Jane answers your questions
by Jane Hampton
Dear Jane,
I live in a two-bedroom
apartment and need a wider bathroom door and grab bars installed
at the toilet and bathtub. My landlord has not responded to my
request, and I am concerned that I will need to move. I have lived
in this apartment for seven years and have developed strong relationships
in this community. Do you have any suggestions?
Cathy, Rochester,
Minnesota
Dear Cathy,
First of all, I want to assure
you that you do not have to move. In 1988, Congress expanded Title
VIII of the Civil Rights Act of 1968 (which prohibits housing discrimination
on the basis of race, color, religion, sex or national origin) to
include protections for people with disabilities. This amendment
is called the Fair Housing Amendments Act, and the intent of this
law is to:
• end segregation of the housing available to people with disabilities,
• give people with disabilities the right to choose where they
wish to live; and
• require reasonable accommodation to their needs in securing
and enjoying appropriate housing.
This means a landlord cannot prevent a renter from making reasonable
accommodations in rules, policies and services to allow a person
with a disability equal opportunity to occupy and enjoy full use
of their housing unit. For example:
• A building with a “No Pets” policy must allow
a tenant with a visual impairment to keep a guide dog.
• An apartment complex that offers tenants ample unassigned
parking must honor a request from a tenant with a mobility-impairment
for a reserved space near their apartment, if necessary, to assure
that they can have access to their apartment.
In response to your situation, your landlord cannot refuse you,
a person with a disability, permission to make reasonable modifications
to your unit if such modifications are necessary to allow full use
of your housing unit.
The cost of modifications would be at your expense, and the landlord
can require that the modifications be completed in a professional
manner that complies with applicable building codes.
Your landlord may also
require that you agree to restore your unit to the condition that
existed before the modification when you terminate your tenancy
(with reasonable wear and tear expected) but cannot require you
to remove modifications if such removal would be considered “unreasonable.” For
instance:
• In order to install grab bars, you will need to have the
walls reinforced with blocking between studs so grab bars can be
securely mounted. When you end your tenancy, it would be reasonable
to require that you remove the grab bars. However, it would be unreasonable
to require that the blocking be removed, since the reinforced wall
would not interfere with the next resident’s use and enjoyment
of the dwelling unit.
• In regards to widening the doorway to the bathroom, it is
not considered reasonable for the doorway to be “narrowed” at
the end of your tenancy, because the wider doorway will not interfere
with the next resident’s use of the bathroom.
Finally, be aware that your landlord can require you to set up an
escrow fund to restore your unit back to its original condition or
to finance any repairs which may need to take place.
I hope this helps! ![]()
Questions for Jane? We’ll
cover them in future issues of Home Access Answers. Please contact
us at 952-925-0301, www.accessibilitydesign.com or
info@accessibilitydesign.com. Jane Hampton, CID, Access Specialist
and president of Accessibility Design, founded the company in 1992
to enhance lives through design and project management. They provide
design, consultation, project management, and product recommendation
services specializing in home access for individuals with disabilities
at all stages of life.
