Disability in Housing

What Constitutes a Disability?

• Having a physical or mental impairment that substantially limits one or more major life activities
• Having record of such an impairment (Example: Diagnosed with cancer which is in remission); or
• Being regarded as having such an impairment (Example: Having to wear eyeglasses, but being treated as if blind)

Reasonable Accommodations

A reasonable accommodation is a change in rules, policies, practices or services so that person with a disability will have an equal opportunity to use and enjoy a dwelling or common space. An accommodation may be requested at all stages of the housing process, including application and tenancy. 

Examples of reasonable accommodations:

• Providing a tenant with a walking disability a reserved parking space in front of their unit, despite parking being first come, first serve. 
• Allowing a tenant to pay rent on an agreed upon date based on the date the tenant receives disability benefits.
• Providing an interpreter, ASL services or braille.
• Allowing a tenant to have a live-in aide.

A landlord is not required to grant accommodations that would pose an undue hardship. 

Reasonable Modifications

Housing providers must allow individuals with disabilities to make reasonable modifications, which are structural modifications made to allow full enjoyment of housing and related facilities. Reasonable modifications are usually made at the resident’s expense; however, a provider receiving federal assistance may be required to pay the expense if it does not amount to an undue financial or administrative burden. 

Examples of modifications:

• Installing a ramp
• Installing grab bars in a bathroom
• Widening doors
• Lowering cabinets

Interactive Process

Following a request for accommodation or modification, a landlord is required to engage the tenant in an interactive, cooperative process to identify a suitable accommodation. Both parties must put forth a good faith effort to identify an adequate accommodation.