Reasonable Accommodations and Modifications for People with Disabilities

Many people have physical or mental problems that mean they have to do things differently. Or they may need help doing some things. This is called having a disability. Do you have a disability? You have a right to reasonable changes to help you use and enjoy your housing better. You need to ask your housing provider. Explain what you need. Ask them to help you figure out a change that will make your housing work better for you.

There are two kinds of changes you can ask for:

reasonable accommodation
reasonable modification

Reasonable Accommodation

A reasonable accommodation is a reasonable change in any rule, policy or service that you need so that you can use and enjoy your housing just as someone without a disability would.

A landlord, condo association, real estate agent or other housing provider must make reasonable changes to rules, policies, or services if you need the change to use your housing like everyone else.

Examples:

giving you a closer parking space because you have trouble walking or breathing
giving you a few extra days to fill out paperwork because you need someone else to help you
letting you have overnight guests more often because you need overnight care for a medical problem
letting you have your assistance animal even though they have a “no pets” policy

This video about reasonable accommodations is in American Sign Language (ASL) with English captioning. Information about reasonable accommodations starts at 1:30.

Reasonable Modification

A reasonable modification is a physical change to the apartment or building. A landlord has to allow you to make reasonable modifications to the unit if you have a disability and the change is necessary to allow you full enjoyment and use of the unit.

A common example of a reasonable modification is building a ramp to a building’s entrance so that a person using a wheelchair can enter. Another is installing support bars in a bathroom.

If your landlord receives federal funding, the landlord must pay for the modification. Otherwise, you will probably have to pay for the modification. The landlord can also require that you put the unit back the way it was before you leave.

Your landlord, condo association, realtor or other housing provider must make reasonable changes to accommodate your disability. “Reasonable” means that the change:

doesn’t cost the housing provider too much money or take too much time
doesn’t make a fundamental change in the kind of housing being provided
won’t hurt or damage the property or other people, and
is a change that is possible

What if your housing provider makes the change but you are a serious threat to other people’s health or safety or to the property? The housing provider does not have to accommodate you.

Example:

Let’s say you have major depression. You have trouble keeping your house clean because of your depression. It’s reasonable to give you a little time to get help cleaning your home. What if you get help but your house still is so dirty that rats are coming? It’s not reasonable after the extra time and help to let you keep your home that dirty. Because that is a threat to other people and to the property.

This video about reasonable modifications is in American Sign Language (ASL) with English captioning. Information about reasonable modifications starts at 1:30.

Asking for Reasonable Accommodation

Do you want a change in your housing? You need to ask for it. Your housing provider doesn’t have to guess what you need. Explain why you need the change. Ask for the change you want. Your housing provider might suggest different changes that would help you. Be reasonable. You have a right to reasonable changes that you need. But you don’t have a right to the exact change you ask for. Sometimes your housing provider has a different change that will work just as well.

Ask for the change in writing. You can use this sample letter to ask for housing accommodations or modifications. (Or print this PDF of the sample letter and fill it out.) Keep a copy of the letter.

You don’t need a doctor’s letter just to ask for a reasonable accommodation or modification. But you may need one later.

Your housing provider must reply to your request. Give them two weeks before asking again.

Did your housing provider deny your reasonable accommodation or modification request? You can use this simple form (Word file; PDF file) to disagree. Keep a copy.

Do You Need Proof of Your Disability?

Is your disability obvious? Is it also clear why you need the accommodation or modification? For example, let’s say you use a wheelchair. You tell your housing provider that you need to install a ramp. You don’t have to prove to your housing provider that you need the modification.

What if your disability or the reason that you’re requesting a change isn’t obvious? Your housing provider may ask you to have your doctor or another service provider verify that you need the change. Your doctor therapist, social worker or other provider should say that you have certain limitations and that you need a reasonable accommodation or modification because of those limits.

Your therapist or other provider doesn’t need to tell your housing provider your diagnosis, medication information or any other private information unless it is directly related to why you need the change you’ve asked for.

The verification does not have to be from a doctor. It can be from another professional, from someone who knows about you and your disability, or from someone who knows about the change that you need. For example, your need for an assistance animal may be verified by a therapist or counselor instead of a doctor.

Your doctor or other professional can use this form letter (Word file; PDF file). Or they can write their own.

What if you need your cabinets lowered because of your disability? A specialist who knows about adaptive equipment may be a better expert than a doctor.

Need More Help?

Sometimes housing providers ignore or deny accommodation requests for a reason that’s not allowed by law. Sometimes landlords try to evict a tenant because the tenant asked for a reasonable change.

Did this happen to you? Contact Vermont Law Help. We may be able to help you enforce your rights. Fill out our form and someone from Vermont Law Help will call you.

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