Can Landlords Refuse Reasonable Modifications For Accessibility?

Landlords are generally required to allow tenants with disabilities to make reasonable modifications to rental properties to improve accessibility. However, there are specific circumstances under which a landlord may refuse such modifications. The legal framework surrounding this is designed to protect the rights of tenants while balancing the landlord’s interests.

Can Landlords Refuse Reasonable Modifications?

Basic Rule - Right to Modify

In India, under the Rights of Persons with Disabilities Act, 2016, tenants with disabilities have the right to request reasonable modifications to their rental unit to ensure it is accessible and suitable for their needs. These modifications may include installing ramps, widening doors, or adding handrails, among others.

Circumstances for Refusal

While landlords must accommodate these requests, they can refuse modifications under certain circumstances. These include:

• Undue Financial Burden: If the requested modification would impose a significant financial burden on the landlord or cause an unreasonable expense in relation to the rental property's value, the landlord may refuse the modification.
• Structural Integrity of the Property: If the modification would compromise the structural integrity of the building or the safety of other tenants, the landlord may have a valid reason to refuse the request.
• Temporary Modifications: If the modification is temporary or reversible (for example, installing a temporary ramp), and the tenant agrees to restore the property to its original condition upon vacating, the landlord may still request that the tenant cover the cost of these modifications.

Obligation to Consider Requests

Landlords must give serious consideration to any requests for accessibility modifications. Simply refusing a modification without a valid reason or without considering the tenant’s needs would likely violate the tenant’s rights under the law. The refusal must be based on specific, legitimate reasons, such as the ones mentioned above.

Tenant's Right to Modify

In cases where the landlord refuses the modification, tenants have the right to seek alternative solutions. They can approach local housing authorities, tenant rights organizations, or seek legal recourse if their rights to accessibility are being violated. Tenants should also try to negotiate with the landlord to find a mutually acceptable solution.

Legal Actions and Protections

Tenant’s Legal Rights

If a landlord unjustly refuses reasonable modifications, the tenant may take the following steps:

• Seek Mediation: Attempt to mediate the issue directly with the landlord to reach an agreement.
• File a Complaint: If the landlord still refuses, the tenant can file a complaint with local authorities, such as the State Commissioner for Persons with Disabilities, or approach legal bodies such as the National Human Rights Commission (NHRC) for redress.
• Court Action: As a last resort, tenants can pursue legal action against the landlord for discrimination or violation of their rights under the Rights of Persons with Disabilities Act and other housing laws.

Example

If a tenant with a disability requests that a landlord install a ramp for wheelchair access, but the landlord refuses on the grounds that the modification would be too expensive, the tenant should:

• Discuss alternative solutions with the landlord, such as sharing the costs or finding a less expensive ramp option.
• If the landlord continues to refuse, the tenant can consult local housing authorities or a disability rights organization to see if the request qualifies as a reasonable modification under the law.
• If the landlord's refusal is deemed unjust, the tenant can seek legal recourse to ensure their accessibility rights are upheld.

Conclusion

Landlords cannot refuse reasonable modifications for accessibility without a valid and justified reason, such as undue financial burden or threats to the structural integrity of the property. Tenants with disabilities have the right to request these modifications under Indian law, and they are protected by legal frameworks designed to ensure equal treatment and accessibility. If a landlord unjustly refuses a request, tenants have the right to seek legal remedies and protections.