- 07-Apr-2025
- Landlord and Tenant Law
Under disability rights laws, tenants with disabilities have the right to request reasonable modifications or accommodations in their rental properties to ensure equal access and enjoyment of the property. While landlords generally have certain obligations to accommodate disabled tenants, there are circumstances under which they may refuse requests. However, any refusal must be based on specific legal grounds.
In many countries, disability rights are protected by laws such as the Americans with Disabilities Act (ADA) in the United States, or similar disability discrimination laws in other regions. These laws require landlords to provide reasonable accommodations and allow reasonable modifications for tenants with disabilities to ensure they have equal access to rental properties.
A tenant with a mobility impairment may request the landlord to install a wheelchair ramp at the entrance to the property.
A reasonable modification refers to any change that a disabled tenant requests in the rental property that allows them to live in the unit comfortably and accessibly. Examples include:
Generally, landlords must agree to these modifications unless the modification is unreasonable in terms of cost or the property cannot support the modification.
A tenant may request to widen doorways for wheelchair access, and the landlord must comply unless it is financially burdensome or structurally impossible.
If the requested modification imposes an undue burden or significant financial hardship on the landlord, they may refuse the request. However, the landlord must prove that the modification is not feasible.
If a tenant requests a major renovation like an elevator installation in a building with no elevator shaft, this could be considered an unreasonable modification.
Landlords may refuse modifications if the requested change could compromise the safety or integrity of the property or the safety of other tenants. However, this is a narrow exception and must be supported by evidence of risks.
A request for a modification that compromises structural integrity or endangers the safety of the building or other tenants could be legally refused.
In many cases, the tenant may make modifications at their own expense, with the landlord's permission. However, the tenant may be required to return the property to its original state when they move out, unless the modification is permanent and beneficial to the property.
A tenant may request to install a ramp, but the tenant must agree to remove it and restore the property to its original condition when they move out, unless the landlord agrees otherwise.
Reasonable accommodations do not always involve physical changes to the property. They can include adjustments to policies, procedures, or rules to ensure a disabled tenant can enjoy equal use of the property.
A tenant may request an exception to a no-pets rule to allow a service animal to live in the apartment. Landlords generally must make this accommodation unless it poses an undue burden or violates safety rules.
The cost of modifications is often the responsibility of the tenant. However, if the modification is necessary to make the property accessible for the tenant’s disability, some laws may require the landlord to pay part or all of the cost, depending on the jurisdiction.
If the modification is something simple, such as adding a peephole at eye level for a tenant with a disability, the landlord might be required to cover the cost, especially if it is a minor change.
Landlords can only refuse modifications if the request falls under specific exceptions outlined in disability rights laws, such as undue hardship, safety risks, or if the modification would cause significant property damage or interfere with other tenants’ enjoyment of the property.
If a tenant requests a modification that is cost-prohibitive for the landlord, they may refuse the request and suggest a more affordable alternative.
If a landlord refuses a modification request that the tenant believes is reasonable and necessary, the tenant may file a complaint with housing authorities or pursue legal action for discrimination based on disability. Tenants are protected by fair housing laws that prohibit discrimination based on disability.
If a disabled tenant requests a bathroom modification for accessibility reasons, and the landlord refuses without a valid reason, the tenant may have the right to file a complaint with a housing discrimination office.
A tenant with a mobility impairment requests that a landlord install a ramp to the entrance of the rental property. The landlord agrees, but the tenant is required to pay for the installation. The modification is reasonable, as it enables the tenant to access the property independently. However, if the tenant asked for an elevator installation in a two-story building, the landlord might refuse, arguing that it is an unreasonable financial burden.
Landlords are generally obligated to accommodate tenants with disabilities by allowing reasonable modifications to the rental property, as long as the modifications do not pose an undue burden or compromise the safety of the property. The tenant can often make modifications at their own expense with the landlord's consent. Landlords may refuse to make changes if the request is unreasonable, costly, or unsafe, but any refusal must be based on specific legal criteria. Tenants with disabilities have the right to challenge refusals that they believe are discriminatory or violate their rights under disability laws.
Answer By Law4u Team
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