In Practice
A reasonable modification is a structural change to the property, such as a grab bar in a bathroom, a ramp, a lowered peephole or a wider doorway. It is different from a reasonable accommodation, which is a change to a rule, policy or service. Both come from the Fair Housing Act, and both apply to residents and applicants with disabilities.
In most private housing, the resident can be asked to pay for the modification, while the housing provider must permit it. In housing that gets federal financial assistance, rules under Section 504 generally put the cost on the housing provider. You can ask for reasonable information if the disability and the need are not obvious, and you may ask for a description of the work, that it is done in a workmanlike way, and that permits are obtained.
Example: a resident who uses a wheelchair asks to install a ramp at the entry of a ground-floor unit and a roll-in shower. You review the request, agree on the plan, and note whether the resident must restore the interior at move-out. Restoration can be required in some cases, but not for items that do not affect the next resident.
The common mistake is a flat no because 'we do not allow changes,' or charging an extra deposit. Treat each request as it comes in, in writing, with a quick response. Rules vary by state, and federal assisted housing differs, so check local law and ask counsel.
Not to Be Confused With
A modification changes the physical property, such as adding a grab bar. An accommodation changes a rule, policy or service.
Reasonable Modification: Common Questions
Who pays for a reasonable modification?
In most private housing, the resident, but in federally assisted housing the housing provider generally pays. Check the rules for your property.
What is the difference between a reasonable accommodation and a reasonable modification?
An accommodation changes a rule, policy or service. A modification changes the physical property.
Can a landlord require a resident to restore the unit?
Sometimes, for interior changes that would affect the next resident. It cannot be required for changes that do not affect the use of the unit.
