Fair Housing Guide to Reasonable Accommodations and

FAIR

HOUSING

GUIDE to

Fair Housing… It’s Your Right!

Reasonable

Accommodations

and Modiﬁcations

The Housing Equality Center of Pennsylvania is a nonprot organization dedicated to advancing

fair and equal access to housing opportunities for all Pennsylvanians. We provide education on fair

housing rights to consumers and organizations serving members of the protected classes and offer

training and technical assistance to private and nonprot housing providers and local governments.

The Housing Equality Center provides fair housing counseling and testing investigation services for

victims of housing discrimination in the City of Philadelphia and in Bucks, Chester, Delaware, Lehigh,

Montgomery, and Northampton Counties in Pennsylvania.

If you have found this manual helpful and would like to support efforts to assist residents of

Pennsylvania regarding their fair housing rights, please consider making a contribution to the

Housing Equality Center by visiting equalhousing.org and clicking on Donate Now.

This manual is not intended as a substitute for proper legal advice.

The Housing Equality Center cannot be held responsible for errors, omissions, or changes to the law.

Published February, 2020

[email protected]g

equalhousing.org

Funding under a grant from the U.S. Department of Housing and Urban Development supported

the work that provided the basis for this publication. The substance and ndings of the work are

dedicated solely to the public. The author and publisher are solely responsible for the accuracy

of the statements and interpretations contained in this publication. Such interpretations do not

necessarily reect the views of the Federal Government.

FAIR

HOUSING

GUIDE to

Reasonable

Accommodations

and Modiﬁcations

Table of Contents

Introduction 5

Fair Housing Protections

for People With Disabilities 6

The Fair Housing Act 6

Additional Protections for People with Disabilities 6

Types of Dwelling and Housing Transactions Covered by the Fair Housing Act 6

State and Local Fair Housing Laws 7

Exemptions to the Fair Housing Act 7

Deﬁnition of Disability 7

Recognizing Disability Discrimination Under the Fair Housing Act 8

Reasonable Accommodations and Modiﬁcations

Under the Fair Housing Act 9

Reasonable Accommodations for People with Disabilities 9

Reasonable Modiﬁcations for People with Disabilities 9

Paying for Reasonable Modiﬁcations 9

Reasonable Accommodation and Modiﬁcation

Request and Negotiation Process 10

How Should a Resident or Prospective Resident Request

a Reasonable Accommodation or Modiﬁcation? 10

Can Housing Providers Require Speciﬁc Forms for Reasonable Accommodation

and Modiﬁcation Requests? 10

When Must a Housing Provider Allow a Reasonable Accommodation or Modiﬁcation? 10

What is Reasonable? 11

What Questions may a Housing Provider Ask a Prospective Tenant with Disabilities? 11

When can a Housing Provider Request Veriﬁcation of Disability and

Need for the Requested Accommodation or Modiﬁcation? 12

What if a Housing Provider Believes a Request is Unreasonable? 12

Reasonable Accommodation/Modiﬁcation Request Evaluation “DANCE” 13

Can a Housing Provider Charge Extra Fees and Deposits or Require Conditions? 13

What if a Housing Provider Believes a Person Would Pose a Direct

Threat to Others or to Property? 13

Common Accommodation and Modiﬁcation Mistakes by Housing Providers 14

Writing Reasonable Accommodation or

Modiﬁcation Request Letters 15

SAMPLE LETTER: Reasonable Accommodation Request 16

SAMPLE LETTER: Reasonable Modiﬁcation Request 17

Writing Reasonable Accommodation or

Modiﬁcation Veriﬁcation Letters 18

SAMPLE VERIFICATION LETTER (on professional letterhead) 19

Assistance Animals 20

Insurance Policy Restrictions on Dog Breeds and Animal Types 21

Online Emotional Support Animal Registration 21

The Pennsylvania Assistance and Service Animal Integrity Act 22

Reasonable Accommodations When Applying for Housing 23

Assisting with Application 23

Providing Application or Lease in Large Print 23

Poor Credit Record, Rental History, or Negative References Due to Disability 23

Co-signors or Alternative Income 24

Waiver of In-Person Application 24

Reasonable Accommodations During Tenancy 25

Reserved Parking 25

Reasonable Accommodations for Individuals Who Engage in Hoarding 25

Late Rental Payments Without a Fee 25

Rental Payment Reminders 26

Including a Case Manager or other Professional Support Service on all Correspondence 26

Transfer to a More Accessible Unit or Early Termination of Lease 26

Permitting a Home Health Aide or Live-in Personal Care Attendant 26

Multiple Chemical Sensitivities 27

Smoking 27

Wheelchairs and Electric Scooters 27

Apartment Damages 27

Notice Before Entering Apartment 28

Noise Violations 28

Eviction 28

Competing Disability Needs 29

Stipulations for Reasonable Modiﬁcations

and Modiﬁcation Reversals 30

Escrow for Reversal of Reasonable Modiﬁcations in Rental Properties 30

Accessibility and New Construction Under

the Fair Housing Act 31

Reasonable Modiﬁcation in New Construction of Single Family Homes 31

Disability Rights in Federally Subsidized Housing

and in Public Accommodations 32

Reasonable Accommodations in Federally Funded Housing 34

Physical Modiﬁcations 34

Housing Voucher Extension 34

Payment Standards 34

Alternative Housing Types 35

Housing Size 35

Housing Inspection 35

Filing a Fair Housing Discrimination Complaint 36

Additional Resources 37

For More Information on Reasonable Accommodations and Modiﬁcations 37

Funding Accessibility Modiﬁcations 37

Other Resources 38

Introduction

Fair housing is the right of individuals and families to access the housing of their choice without

being subjected to discrimination. Although housing discrimination against people with disabilities

was outlawed by an amendment to the Fair Housing Act in 1988, both locally and nationwide over

half of all incidents of housing discrimination occur on the basis of disability. Housing discrimination

against people with disabilities often takes the form of housing providers refusing to permit

reasonable accommodations or reasonable modiﬁcations that allow individuals with disabilities

an equal opportunity to use and enjoy their dwelling. This guide was developed to assist in better

understanding these rights under the Fair Housing Act and to increase the ability to recognize the

signs of housing discrimination.

INTRODUCTION

Bernard Kleina

Fair Housing

Protections

FAIR HOUSING PROTECTIONS

FOR PEOPLE WITH DISABILITIES

The Fair Housing Act

The Fair Housing Act Title VIII of the Civil Rights Act of 1968, as amended, is known as the Fair

Housing Act. The Fair Housing Act prohibits discrimination in housing on the basis of:

• Race

• Color

• Religion

• National origin

• Sex

• Disability

• Familial status (households with children

under 18 in a household, pregnant women or

anyone in the process of adopting or securing

legal custody of a child).

It is against the law to do any of the following based on a protected class:

• Refuse to rent or sell housing

• Refuse to negotiate housing

• Make housing unavailable or deny that housing

is available

• Set different terms, conditions or privileges

for the sale or rental of housing, a mortgage,

home loan, home insurance or any other

housing transaction

• Advertise in a discriminatory manner

• Threaten, coerce or intimidate anyone

exercising a fair housing right or assisting

others in exercising those rights

Additional Protections for People with Disabilities

Individuals with disabilities are entitled to additional protections under the Fair Housing Act. These

protections include:

• A right to reasonable accommodations and reasonable modiﬁcations when necessary to provide

equal opportunity to use and enjoy a dwelling

• Housing providers are not permitted to inquire into the nature or extent of a person’s disability

• Design and construction requirements, which provide a basic level of accessibility in certain types

of new multifamily construction

Types of Dwelling and Housing Transactions

Covered by the Fair Housing Act

The Fair Housing Act is a very broad law covering many types of housing and housing related

transactions. In addition to apartments and homes for rent or for sale, the Fair Housing Act’s

protections also apply to:

• Public housing

• Condominiums and homeowners associations

• College and university dormitories

• Nursing homes

• Mobile home parks

• Group homes for people with disabilities

• Sober homes and addiction recovery homes

• Some homeless shelters

• Mortgage lending

• Homeowners and renters insurance

• Appraisals

• Zoning and other municipal ordinances

Fair Housing

Protections

State and Local Fair Housing Laws

The Pennsylvania Human Relations Act (PHRA) offers additional protections beyond the federal

Fair Housing Act. The PHRA makes it illegal to discriminate in housing related transactions on the

basis of age (over 40) and for being a user, handler, or trainer of an assistance animal for people

with disabilities.

Local fair housing ordinances may expand protections based on sexual orientation, gender identity,

marital status, source of income and other protected classes. Check with your city, township, or

borough to see if there are additional protected classes where you live.

Exemptions to the Fair Housing Act

• Under federal law, owner occupied buildings with four or fewer rental units are exempt from the

Fair Housing Act when the owner does not use the services of a broker or agent. However, the

Pennsylvania Human Relations Act establishes that only owner occupied buildings with two or

fewer units are exempt from state fair housing laws.

• Single family housing sold or rented without the use of a broker or agent is exempt from the Fair

Housing Act if the private individual owner does not own more than three such single family homes

at one time.

• Housing operated by religious organizations and private clubs may limit occupancy to members as

long as membership does not exclude individuals based on their race or national origin.

• Qualiﬁed senior housing is except from the familial status provision of the Fair Housing Act,

but must comply with the Housing for Older Persons Act’s (HOPA) deﬁnition of either 80% of

households having at least one resident age 55 and up or 100% of residents being age 62 and up.

Even if a property is exempt from the Fair Housing Act, there is never an exemption for discriminatory

statements or advertising in a discriminatory manner.

Deﬁnition of Disability

A disability is deﬁned by the Fair Housing Act as a “physical or mental impairment that

substantially limits one or more of a person’s major life activities.” Major life activities can

include caring for one’s self, walking, seeing, hearing, speaking, breathing, learning, and working. If

you require the use of a walker, a wheelchair, a service animal or a personal-care attendant, you are

protected under the law against housing discrimination.

The deﬁnition of disability under the Fair Housing Act also includes people who have a history of an

impairment and people who are perceived as having an impairment (even if they are not actually

disabled). Disabilities may include mental or emotional illness, difﬁculties associated with aging, HIV/

AIDS, or addiction.

Those recovering from drug addiction who have successfully completed a treatment program are

covered under the law. Individuals who are currently using illegal drugs are not protected. If you are

discriminated against because you are associated with someone who has a disability, you are also

protected under the law.

Fair Housing

Protections

Recognizing Disability Discrimination

Under the Fair Housing Act

The following are some examples of discriminatory treatment that indicate a violation of the Fair

Housing Act:

• A landlord telling a prospective tenant that they

don’t want someone with a disability living on

their property

• A rental agent indicating that an apartment is

not available to a prospective tenant with a

disability when one or more units are in fact

available

• Charging double the amount of the security

deposit because a tenant uses a wheelchair or

a scooter

• Requiring that prospective residents are

capable of “independent living”

• Requiring people with mobility impairments to

live on ground ﬂoor units

• Banning people with disabilities from common

use areas including pools and ﬁtness facilities

• Responding slower or not at all to

maintenance requests for people with

disabilities

• Attempting to evict a tenant because they

request a reasonable accommodation or

modiﬁcation or ﬁle a fair housing complaint

• Refusing to allow a tenant with post-traumatic

stress disorder to have an emotional support

animal because the apartment complex does

not allow pets

• Refusing to allow a tenant with impaired

manual dexterity to replace locks or door

handles with ones that are usable

• Requiring that a homeowner in a condominium

complex install a ramp that meets certain

visual or aesthetic standards

• Refusing to renew the lease of a person whose

disability related symptoms have become

more severe during the lease term

• Failing to respond to a reasonable

accommodation or modiﬁcation request

• Charging a pet fee for an assistance animal

• Asking if a prospective tenant has a disability,

takes medication, has ever been hospitalized,

or has ever been in a drug or alcohol

rehabilitation program

• Asking to see a resident’s medical records or

speak to their doctor for more details about

their condition

• Making threatening or intimidating comments

to a person with a disability

• Failing to respond to other tenants harassing

someone because of their disability

• Disclosing a tenant’s disability to other

residents

Reasonable

Accommodations & Modications

REASONABLE ACCOMMODATIONS

AND MODIFICATIONS UNDER

THE FAIR HOUSING ACT

Reasonable Accommodations for People with Disabilities

A reasonable accommodation is a change in rules, policies, practices, or services that enables a

person with a disability an equal opportunity to use and enjoy a dwelling.

Examples of reasonable accommodations include:

• Assigning a person with a disability a reserved parking spot near their unit even though tenant

parking is generally on a ﬁrst come, ﬁrst served basis

• Allowing a person with a disability to keep an assistance animal despite a “no pets” policy

• Allowing an assistance animal with no fees

• Allowing a disabled tenant who receives disability checks later in the month to pay rent after the

1st of the month without a late fee

• Providing a lease application in large print

• Permitting a live-in personal care attendant

• Allowing a transfer to a ﬁrst ﬂoor or a more accessible unit or community

Reasonable Modiﬁcations for People with Disabilities

A reasonable modiﬁcation is a change in the physical structure of a dwelling that enables a person

with a disability an equal opportunity to use and enjoy that dwelling. In many cases, individualized

modiﬁcations to a dwelling enable a person with a disability to live in a space that they would

otherwise be physically unable to live in. This includes the interior and exterior of a building or a

unit, including public and common-use areas.

Examples of reasonable modiﬁcations include:

• Installing a ramp access to the entrance of

the dwelling

• Installing visual or tactile alert devices

• Widened doorways in unit

• Installing grab bars in the bathroom or at the

entrance into unit

• Removal of below-counter cabinets

• Installation of a fence or awning

• Replacing door handles with levers

Paying for Reasonable Modiﬁcations

Generally the expense of reasonable modiﬁcations is the responsibility of the tenant.

However, if the housing is federally subsidized (such as a Public Housing Authority), then the federally

funded housing project may be required to pay for reasonable modiﬁcations requested by a disabled

tenant. See Reasonable Accommodations in Federally Funded Housing for more information.

Request & Negotiation

Process

How Should a Resident or Prospective Resident Request

a Reasonable Accommodation or Modiﬁcation?

• A person with a disability must notify the housing provider if they need a reasonable

accommodation or reasonable modiﬁcation. It is not the responsibility of a housing provider to offer

or suggest an accommodation or modiﬁcation to a resident or prospective resident, even if they are

aware of the disability or disability related need.

• Reasonable accommodation and modiﬁcation requests can be made verbally, but it is best to make

the request in writing so that there is no misunderstanding about what you are requesting and when

the request was made. A request can be made by someone on behalf of a person with a disability.

• A reasonable accommodation or modiﬁcation request can be made at any time. There must be a

connection between the disability and the need for the accommodation or modiﬁcation.

• You can ask for a reasonable accommodation when applying for housing, when moving in

or moving out, while living in your unit, or even during an eviction hearing at the Magisterial

District Court.

See Writing Reasonable Accommodation or Modiﬁcation Request Letters on pages 15-17

for more information.

Can Housing Providers Require Speciﬁc Forms for

Reasonable Accommodation and Modiﬁcation Requests?

Housing providers sometimes create standardized forms for requesting reasonable accommodations

and modiﬁcations, however, they cannot require that you use a certain form to request a reasonable

accommodation or modiﬁcation. They cannot require that you make the request in a speciﬁc manner

or at a speciﬁc time. Housing providers must consider your request even if you did not use their

preferred form or procedure for making the request. They cannot deny your request just because you

did not use their preferred form or procedure. It may be easier for you to cooperate with the housing

provider and make the request using their form. However, if the form contains invasive questions or is

burdensome then you have the right to dispute it.

When Must a Housing Provider Allow a Reasonable

Accommodation or Modiﬁcation?

A housing provider must grant a request for a reasonable accommodation or modiﬁcation if:

• The person making the request ﬁts the Fair Housing Act deﬁnition of a person with a disability;

• Due to their disability, the person needs the accommodation or modiﬁcation in order to use and

enjoy their dwelling; and

• The request is “reasonable”.

REASONABLE ACCOMMODATION

AND MODIFICATION REQUEST

AND NEGOTIATION PROCESS

Request & Negotiation

Process

What is Reasonable?

A request for an accommodation or modiﬁcation is considered reasonable if that request:

• Does not cause an undue ﬁnancial and administrative burden to the housing provider

• Does not cause a basic change in the nature of the housing program available

• Will not cause harm or damage to others

• Is technologically possible

A housing provider can deny a reasonable accommodation or modiﬁcation request if the request is

not reasonable.

Example: It would be unreasonable for a person with a disability to ask that their landlord assist them

with their meals, unless the housing provider was already in the business of providing meal support

(such as in an assisted living facility).

Example: If a person becomes disabled and can no longer access their 3rd ﬂoor apartment in a

non-elevator building, it would be unreasonable (and probably architecturally impossible) to request

the landlord allow the tenant to build an elevator. A more reasonable request would be to request a

transfer to a ﬁrst ﬂoor apartment. If that is not possible, the tenant could negotiate with the landlord

for an early release from the lease.

What Questions may a Housing Provider

Ask a Prospective Tenant with Disabilities?

Housing providers may inquire into an applicant’s ability to meet tenancy requirements. This means

a landlord may ask whether you have sufﬁcient income to be able to pay the rent, whether you are

willing to comply with the building’s rules, and other questions relating directly to tenancy. A housing

provider may also adopt and apply uniform, objective and nondiscriminatory criteria designed to

evaluate a prospective tenant’s credit worthiness, such as requiring credit or criminal background

checks. A housing provider is permitted to

ask if a person has been convicted of the

distribution or manufacture of a controlled

substance and whether a person is a current

user of illegal controlled substances. Any

questions asked by a housing provider

must be asked to all applicants on an equal

opportunity basis, without regard to race,

color, religion, national origin, sex, familial

status, disability, or age (over 40).

If the you are applying for a housing program

that is designed for and occupied by persons

with disabilities or with a particular type

of disability, the housing provider may ask

whether you qualify for this type of housing

or if you qualify for a priority available to

persons with disabilities or with a particular

type of disability.

Request & Negotiation

Process

When can a Housing Provider Request

Veriﬁcation of Disability and Need for the Requested

Accommodation or Modiﬁcation?

If the person’s disability is obvious and the need for the reasonable accommodation or modiﬁcation

is also obvious, the housing provider cannot ask for additional documentation (for example, a person

with a visual impairment who uses a guide dog).

If the disability is obvious, but the need for the reasonable accommodation or modiﬁcation is not clear,

the housing provider is only allowed to request information to evaluate the disability related need (for

example, a person who uses a wheelchair and who has an assistance dog to retrieve objects, open

doors, etc.).

If neither the disability or the need for the accommodation are obvious, the housing provider may

request documentation that the tenant has a disability and that the tenant has a disability related

need for the reasonable accommodation or modiﬁcation (for example, a person with a mental

health diagnosis or post-traumatic stress disorder who has an emotional support animal).

A housing provider may not ask:

1. Questions about the nature or severity of a disability or a speciﬁc diagnosis.

2. If a person is able to live independently.

3. Questions that would require a person to waive their rights to conﬁdentiality regarding their

condition or history.

4. To see medical records.

What if a Housing Provider Believes

a Request is Unreasonable?

Each reasonable accommodation or modiﬁcation request is very individual and each request must

be determined on a case by case basis. If the accommodation or modiﬁcation proposed by a

tenant is unreasonable, the housing provider must engage in an interactive dialogue with

the tenant to determine if there is another solution or alternative accommodation that will

meet the tenant’s needs.

A reasonable alternative accommodation may require negotiation between the tenant and the housing

provider. If the alternative accommodation would effectively meet the disability related needs and is

reasonable and does not pose an undue ﬁnancial and administrative burden on the housing provider,

the accommodation must be granted. The process of negotiating a reasonable accommodation or

modiﬁcation should be documented by both the tenant and the housing provider to protect their own

interests should a dispute arise.

A housing provider may not stall or delay in responding to a request for reasonable accommodation.

Court cases have established that a delay in the approval process can be considered a denial of

an accommodation.

Request & Negotiation

Process

Reasonable Accommodation/Modiﬁcation

Request Evaluation “DANCE”

When evaluating a reasonable accommodation or modiﬁcation request, the housing provider should

assess the following to help determine the reasonableness of the request.

Disability – Does the tenant have a disability as deﬁned by fair housing laws?

Accommodation – Is the tenant requesting a change in the landlord’s rules or practices?

Necessary – Is the accommodation or modiﬁcation necessary for full use and enjoyment?

Cost – Does the accommodation or modiﬁcation impose an undue ﬁnancial and administrative cost

on the landlord?

Effect – Would the accommodation or modiﬁcation effect a fundamental change in the landlord’s

business?

If the answer to the ﬁrst three questions is YES and the answer to the last two questions is NO, then

the housing provider should grant the request.

Can a Housing Provider Charge Extra Fees

and Deposits or Require Conditions?

Housing providers cannot place ﬁnancial conditions upon the granting of an accommodation or

modiﬁcation or require some action or condition before granting a reasonable accommodation

request. For example, a housing provider cannot require a resident with a disability to purchase

insurance to protect the landlord should someone be injured by a wheelchair ramp. Housing providers

are not permitted to charge a fee for a reasonable accommodation and must forego collecting pet

deposits or pet fees for assistance animals.

For reasonable modiﬁcation requests, the housing provider may require that a plan or sketch be

provided, that the work will be performed in a professional manner and that necessary building

permits be obtained. A housing provider may not require a certain type of construction, a certain color,

a certain contractor or even a certain type of plan for a modiﬁcation. If a housing provider would like a

more expensive modiﬁcation to meet any aesthetic concerns, the design must still meet the tenant’s

needs and the housing provider should pay for the additional costs. If the resident installing the

modiﬁcation is going to be the only one using it, than that resident is obligated to provide the upkeep

of the modiﬁcation. If the modiﬁcation is in common use areas, then the housing provider is obligated

to provide upkeep, including insurance, for the modiﬁcation.

What if a Housing Provider Believes a Person Would Pose a

Direct Threat to Others or to Property?

The Fair Housing Act does not require that housing be made available to a person who would constitute a

direct threat to the health or safety of others or who would constitute a risk of substantial physical damage

to the property of others. The Fair Housing Act does not protect persons with disabilities whose tenancy

would pose a “direct threat” to the health or safety of other individuals or result in substantial property

damage unless the threat can be eliminated or signiﬁcantly reduced by a reasonable accommodation.

If the tenant or prospective applicant refuses or is unable to comply with the tenancy rules that apply

to all tenants, or if the tenancy would pose a direct physical threat to the health or safety of others,

then the housing provider can reject that applicant or evict that tenant.

However, it is important to understand that the Fair Housing Act does not allow housing providers

to deny housing opportunities to people with disabilities based on fear, speculation, or stereotypes

about a particular disability or stereotypes about disabilities in general. To show that a tenancy would

Request & Negotiation

Process

pose a direct threat, the housing provider must do an individualized assessment to determine if

reliable objective evidence exists that shows there is current conduct or a recent history of disruptive

or destructive behavior. The direct threat assessment must take into account the nature and severity

of the risk of injury as well as the probability that an injury will occur and whether there are any

reasonable accommodations that would eliminate the direct threat.

Case law has addressed that even in cases of tenants who do in fact present a “direct threat” due to

their disabilities, these tenants are entitled to a determination whether any reasonable accommodation

would mitigate any risk posed by their disability related behaviors prior to eviction. If an individual

has received treatment or medication that has eliminated the direct threat, that should be taken into

account and the housing provider can request that the individual document how circumstances have

changed or how the individual no longer poses a direct threat. Denying an individual housing because

of a direct threat must be based on reliable and objective evidence.

Example: A housing provider may not deny housing to a prospective tenant just because they know

that individual has struggled with alcoholism. Rejecting someone solely based on a belief that people

with alcoholism are dangerous and damage property would violate the Fair Housing Act. However,

if the housing provider ﬁnds out through landlord references that the individual has caused property

damage repeatedly in the recent past and there is no evidence to show that this threat has been

mitigated in any way, then the housing provider can reject this applicant based on direct threat.

Example: A housing provider may not deny housing to a prospective tenant because they know that

individual has a psychiatric diagnosis. If a tenant with a psychiatric disability stops taking their mediation

and threatens another resident and the management has a policy of evicting residents who engage

in violent or disruptive behavior, the tenant can request a reasonable accommodation to this policy if

the tenant is able to show that treatment and medication monitoring will eliminate the direct threat. If

the tenant is not willing to undergo medication monitoring and treatment or continues to pose a direct

threat to the health and safety of other residents, then management can proceed with an eviction.

Common Accommodation and Modiﬁcation

Mistakes by Housing Providers

• Always requiring forms and not accepting letters or verbal requests

• Being rigid or overly burdensome with rules, policies, and procedures

• Not responding to accommodation or modiﬁcation requests in a timely manner

• Not engaging in an interactive process

• Not training all employees who deal with tenants/prospective tenants

• Charging fees or deposits such as a transfer fee or a pet deposit

• Conditioning an accommodation by requiring some action before it is granted

• Requiring medical documentation or completion of a particular form before considering an

accommodation when the disability or the need for the accommodation is obvious

• Requesting information about the nature or severity of a requestor’s disability

• Requiring an annual reapplication or recertiﬁcation of a reasonable accommodation request

If your reasonable accommodation or modiﬁcation request is denied and you believe the request

was reasonable or the housing provider does not respond to your request or will not engage in a

dialogue with you, you can ﬁle a formal complaint of discrimination with a state or federal enforcement

agency or ﬁle a lawsuit in federal court. See Filing a Far Housing Discrimination Complaint for

more information.

Writing Request Letters

WRITING REASONABLE

ACCOMMODATION OR

MODIFICATION REQUEST LETTERS

It is the responsibility of the tenant (or a representative of the tenant) to request an accommodation

or modiﬁcation. A landlord cannot be expected to predict or anticipate an individual’s needs.

Although not required by the Fair Housing Act, it is recommended that requests for reasonable

accommodations or modiﬁcations be made in writing for proper documentation and include proof that

the tenant has a covered disability and the need for an accommodation or modiﬁcation.

Your letter should:

1. State where you live and who is responsible for the building.

2. Indicate that you qualify as a person with a disability as deﬁned by the Fair Housing Act. It is not

necessary to reveal the nature or severity of your disability.

3. Describe the policy, rule, or architectural barrier that is problematic to you.

4. Describe how this policy or barrier interferes with your needs, rights, or enjoyment of

your housing.

5. In clear and concise language, describe the accommodation you are seeking for the policy, rule,

or barrier.

6. Cite the applicable law that protects your rights.

For accommodations use: Fair Housing Act Amendments Sec. 804 (42 U.S.C. 3604)(f)(3)(B)

For modiﬁcations use: Fair Housing Act Amendments, Sec. 804 (42 U.S.C. 3604)(f)(3)(A)

9. Ask for a written response within a certain amount of time.

10. Sign and date the request. Remember to keep a copy of your request for your ﬁles.

Writing Request Letters

SAMPLE LETTER

Reasonable Accommodation Request

Your Name

Your Address

Date

Landlord’s Name

Landlord’s Address

Dear {Enter Landlord’s Name}:

I live at {enter address}. I (or a member of my household) am a person with a disability as

deﬁned by the Fair Housing Act. I am writing to request a reasonable accommodation under

the federal Fair Housing Act.

POSSIBLE REQUEST 1: I am requesting permission for an assistance animal to assist

with daily living. I understand that our building’s rules state a no-pet policy. However, I am

requesting that you make a reasonable accommodation in the building’s rules to permit an

assistance animal in my apartment.

POSSIBLE REQUEST 2: I am requesting a reserved parking space closest to my unit. I

understand parking is on a ﬁrst come, ﬁrst served basis, but due to my limited mobility, I am

requesting a reserved parking space closest to my unit.

POSSIBLE REQUEST 3: I am requesting to pay my rent on the 6th of the month without being

assessed a late fee. I receive my disability checks on the 5th of the month.

According to the Fair Housing Act Amendments Sec. 804 (42 U.S.C. 3604) (f)(3)(B), (3)

For purposes of this subsection, discrimination includes—(B) a refusal to make reasonable

accommodations in rules, policies, practices, or services, when such accommodations may

be necessary to afford such person equal opportunity to use and enjoy a dwelling.

You can refer to the Joint Statement from the U.S. Department of Housing and Urban

Development and the Department of Justice detailing the obligations of housing providers

under the Fair Housing Act to make reasonable accommodations for persons with disabilities.

You can access this Joint Statement by visiting equalhousing.org and clicking on the Landlord

Resource Center. Please respond in writing to my request within ten days from the date of this

letter. I look forward to your response and appreciate your attention to this critical matter.

Sincerely,

Your Signature

Print Your Name

Writing Request Letters

SAMPLE LETTER

Reasonable Modiﬁcation Request

Your Name

Your Address

Date

Landlord’s Name

Landlord’s Address

Dear {Enter Landlord’s Name}:

I live at {enter address}. I (or a member of my household) am a person with a disability as

deﬁned by the Fair Housing Act. I am writing to request permission to make a reasonable

modiﬁcation under the federal Fair Housing Act.

POSSIBLE REQUEST 1: I am requesting permission to install a ramp at the entrance to my

apartment.

POSSIBLE REQUEST 2: I am requesting permission to install grab bars in my bathroom.

POSSIBLE REQUEST 3: I am requesting permission to install visual smoke detectors in my

apartment.

According to the Fair Housing Act Amendments (42 U.S.C. 3604) (f)(3)(A), and

Pennsylvania state fair housing law, housing providers must allow tenants to make

reasonable modiﬁcations as necessary to afford a person with a disability full enjoyment of

the premises. Denying a reasonable modiﬁcation request for a person with a disability is a

violation of the Federal Fair Housing Act.

You can refer to the Joint Statement from the U.S. Department of Housing and Urban

Development and the Department of Justice detailing the obligations of housing providers

under the Fair Housing Act to make reasonable accommodations for persons with

disabilities. You can access this Joint Statement by visiting equalhousing.org and clicking

on the Landlord Resource Center. Please respond in writing to my request within ten days

from the date of this letter. I look forward to your response and appreciate your attention to

this critical matter.

Sincerely,

Your Signature

Print Your Name

Writing

Verication Letters

If a person’s disability is not obvious or the need for the reasonable accommodation or modiﬁcation is

not clear, a housing provider may request veriﬁcation from a medical professional (physician, mental

or behavioral health professional, etc.). The medical professional does not need to be a physician

but does need to be qualiﬁed to assess the disability and familiar with the person requesting the

accommodation or modiﬁcation.

A veriﬁcation letter should be written by a qualiﬁed medical professional who is familiar with a person’s

disability, or who is qualiﬁed to diagnose or treat the person’s disability. The letter should be written on

professional letterhead and should:

1. Verify that the individual has a disability as deﬁned by the Fair Housing Act. The actual diagnosis or

the severity of the disability does not need to be disclosed.

2. Demonstrate a relationship between the person’s disability and the need for the requested

accommodation or modiﬁcation (show how granting the request is necessary in order for the resident

to be able to use and enjoy the premises on an equal basis).

WRITING REASONABLE

ACCOMMODATION OR MODIFICATION

VERIFICATION LETTERS

Writing

Verication Letters

Date

Dear {Housing Provider},

{Name of client} is my patient/client and has been under my care since (date). I am familiar

with his/her medical history and disability related functional limitations. He/she meets the

deﬁnition of disability under the Fair Housing Act.

An {emotional support animal, reserved parking space, permission for an aide to move in,

etc.} is necessary for my patient/client to (choose one or more of the following):

• alleviate disability related symptoms

• allow for continued health and stability

• improve physical, emotional, or psychological function

• provide mobility support

• provide essential services

• enable (name of client) to live more independently, etc.

I am available to answer questions you may have concerning {name of patient/client}’s

request.

Sincerely,

Signature

Name of Professional

SAMPLE VERIFICATION LETTER

(on professional letterhead)

Dr.

Jane Doe

General Practitioner

555-555-0123

jane.doe@doctoroce.com

Assistance Animals

Many people with disabilities require the use of assistance animals in their daily lives. Assistance

animals for people with disabilities are not pets. Assistance animals are considered different than

“pets” under the Fair Housing Act, as assistance animals have a speciﬁc role to assist a person with

a disability in a way that is related to the disability itself.

An assistance animal is any type of animal that provides a service to a person with a disability.

Assistance animals are animals that do work, provide observation or vigilance, or perform tasks for the

beneﬁt of a person with a disability—including providing support or comfort for adults or children with

mental or emotional disabilities. Emotional support animals alleviate one or more identiﬁed symptoms

or effects of a person’s disability. See Note on page 21

While it is permitted to restrict pets from rental properties or condominiums, it is unlawful to deny a

person with a disability the right to possess an assistance animal, as long as the animal’s function has

a direct connection to the person’s disability. Under the Fair Housing Act an assistance animal is not

required to have formal training or certiﬁcation and a housing provider is not allowed to require proof

that the animal has been certiﬁed, trained, or licensed as a service animal. Policies limiting the size,

weight, or type of pets allowed do not apply to assistance animals and assistance animals can be any

type of therapeutically necessary animal. Guide dogs, seizure alert dogs, and post-traumatic stress

disorder assistance dogs are commonly recognized, but many types of animals provide emotional

support for individuals with mental and emotional health disorders.

A person with a disability can request a reasonable accommodation to a “no pets” policy. Additionally,

pet fees and/or pet security deposits must be waived for assistance animals.

A landlord, property manager, condominium board or any other housing provider may request

additional information or documentation to verify the need for an assistance animal if the requester

has a disability that is not obvious, or the disability related need is not apparent.

A landlord, real estate agent, property manager, condominium board, or any other housing

provider cannot:

• Deny a person with a disability the right to have an assistance animal when requested as a

reasonable accommodation

• Deny occupancy or evict a person with a disability because he/she requests an assistance animal

• Charge extra fees (such as a monthly pet rent or a pet fee) for an assistance animal

• Stall or delay response to a request for an assistance animal

• Require mandatory training or certiﬁcation for an assistance animal

• Inquire about the nature or severity of a person’s disability

People who own assistance animals must assume all responsibility for the animal including making

sure it is up to date on vaccinations, cleaning up after the animal, and making sure it does not

disturb neighbors with excessive noise. Owners of assistance animals are exempt from pet fees and

pet deposits, but they must nonetheless pay for any damages that the animal might cause. If an

assistance animal is dangerous or disruptive to other residents, the housing provider can require its

removal or evict the tenant.

ASSISTANCE ANIMALS

Assistance Animals

Note: The Fair Housing Act requirements concerning assistance animals differ from the standards

required under the Americans with Disabilities Act (ADA), which covers public accommodations. The

ADA has very strict and speciﬁc governing standards regarding service animals in places of public

accommodation like restaurants, stores, and post ofﬁces. The Fair Housing Act applies to dwellings

and has a broader deﬁnition of assistance animal. Under the Fair Housing Act, it does not matter

whether an animal is a service animal, a therapy animal, or an emotional support animal. The animal

does not need to be trained to perform a speciﬁc service. The important factor is that the assistance

animal serves a disability related need and allows a person with a disability equal opportunity to use

and enjoy a dwelling.

Insurance Policy Restrictions on

Dog Breeds and Animal Types

An accommodation is unreasonable if it imposes an undue ﬁnancial or administrative burden on a

housing provider. If a housing provider’s insurance policy would terminate, substantially increase in

cost, or the policy terms would be adversely affected because of the presence of a certain breed

of dog or a certain type of animal, this could pose an undue ﬁnancial or administrative burden on

the housing provider. However, the housing provider may need to show that comparable insurance

without the breed restriction is unavailable. If an insurance provider has a policy of refusing to insure

any housing that has animals without an exception for assistance animals, that insurance provider

may be held liable for discriminating against individuals with disabilities.

Online Emotional Support Animal Registration

Consumers should be aware of the large number of online services that claim to certify a pet as an

emotional support animal for a fee. No ofﬁcial certiﬁcation or registration for emotional support animals

or assistance animals currently exists. When making a reasonable accommodation request for an

emotional support animal or any other type of assistance animal, all veriﬁcations provided to housing

providers should come from a medical or other professional who is familiar with the patient or client

making the request, their disability, and the disability related need for the animal.

Assistance Animals

The Pennsylvania Assistance and Service Animal Integrity Act

Consumers should only request reasonable accommodations for assistance animals when there is a

legitimate disability related need and should avoid misrepresenting a pet as an assistance animal. A

number of states, including Pennsylvania, have passed laws which criminalize falsely representing a

pet as an assistance animal.

The Assistance and Service Animal Integrity Act is a law that was enacted in Pennsylvania in 2018

and protects landlords or associations from being held liable for injuries caused by a person’s

assistance animal or service animal which the landlord has permitted on the property as a

reasonable accommodation.

The Assistance and Service Animal Integrity Act also makes it a third degree misdemeanor to

misrepresent an animal as an assistance or service animal, to intentionally create a document

misrepresenting an animal as an assistance animal or service animal in housing, to provide a

document to another falsely stating that an animal is an assistance animal or service animal for use

in housing, or to ﬁt an animal that is not an assistance animal or service animal with a harness, collar,

vest, or sign that indicates the animal is an assistance animal for use in housing. A person who

violates the Assistance and Service Animal Integrity Act can be charged with a summary offense and

ﬁned up to $1,000.

Applying for Housing

REASONABLE ACCOMMODATIONS

WHEN APPLYING FOR HOUSING

Assisting with Application

If an individual has a disability that makes it difﬁcult to ﬁll out an application form, a reasonable

accommodation request would be to ask for assistance from the housing provider in completing

the form.

Providing Application or Lease in Large Print

If a person’s disability makes reading a lease application or lease difﬁcult, a reasonable

accommodation request would be to ask for the documents in large print or in an alternative

digital format.

Poor Credit Record, Rental History, or

Negative References Due to Disability

In some cases, making an exception to a credit score requirement may be a reasonable

accommodation if the negative credit can be shown to be directly due to the person’s disability and

the individual is able to demonstrate that they are otherwise ﬁnancially qualiﬁed to rent.

A person may not have previous rental history due to a disability. A reasonable accommodation can

be requested to ask the housing provider to consider references from a social worker or employer.

If the reason for a negative reference is based on disability related behavior, the individual can

request a reasonable accommodation to disregard the negative reference or to consider mitigating

circumstances. Similarly, if an individual has a criminal record due to conduct that resulted directly

from a mental health disability or addiction, and can demonstrate that they have since received

treatment or medication that has eliminated the behavior that led to the criminal conduct, the

individual can request a reasonable accommodation to make an exception to the provider’s ordinary

criteria regarding criminal background.

Example: If a person becomes disabled and can no longer work due to their disability, that person

may acquire a negative credit report for late or unpaid bills. Later, this individual may be granted

Social Security Disability Income and is no longer reliant on employment for income. A reasonable

accommodation to a policy of rejecting tenants with poor credit records can be requested if the

applicant is able to show that the poor credit record was a direct result of the disability, that their

ability to pay no longer depends on employment, and that loss of income to an inability to work is

unlikely to reoccur.

Applying for Housing

Co-signors or Alternative Income

If an individual with a disability is unable to qualify ﬁnancially to obtain housing because of their

disability (poor credit record, no credit record, insufﬁcient income), and a co-signor is willing to sign the

lease agreement, it would be a reasonable accommodation for the landlord to accept the application

even if the landlord has a “no co-signer” policy. Housing providers who require paystubs as proof of

income must make reasonable accommodations to their policy for individuals with disabilities who are

unable to work due to their disabilities but still have sufﬁcient income to qualify to rent.

Waiver of In-Person Application

Some housing providers require applications to be made in person. This requirement should be

waived for individuals with disabilities to whom it would impose a great hardship or who are unable

because of their disability to come in person to apply. For example, a nursing home resident

transitioning to private housing might require ambulance transport. A reasonable accommodation

would be to permit application via video or phone conferencing. Signatures required on documents

can be mailed or scanned and forwarded to the housing provider as necessary.

During Tenancy

Reserved Parking

A reserved parking space is a common

reasonable accommodation request for an

individual who may have a mobility impairment

or other disability which makes walking difﬁcult.

Even if parking is available on a ﬁrst come, ﬁrst

served basis, an individual with a disability can

request a reserved parking space to allow them

equal opportunity to use and enjoy a dwelling.

The space requested may either be a van accessible handicapped parking space or just a general

reserved parking space which is not handicapped accessible. It all depends on the needs of the

person making the request.

Decisions about granting reserved parking spaces should be made on an individual basis. There

may be some cost to installing a reserved parking space including painting lines, installing signage,

enforcement, etc. These costs are borne by the housing provider, not the resident.

Reasonable Accommodations for

Individuals Who Engage in Hoarding

Hoarding involves acquiring and saving large numbers of objects resulting in living spaces that are so

cluttered that they are difﬁcult or dangerous to live in. Hoarding can sometimes create sanitary and ﬁre

hazards and other health and safety issues that jeopardize housing.

A compulsive hoarder meets the deﬁnition of a person with a disability under the Fair Housing Act and

has a right to request a reasonable accommodation in an effort to preserve housing. Sanitary hazards,

ﬁre hazards, and health and safety issues should not be and cannot be permitted to remain but the

person who is engaging in hoarding can request a reasonable accommodation to allow additional

time to clean and dispose of excess clutter. For example, when a housing provider determines that

hoarding is causing an unsafe condition and issues an eviction notice, the tenant can request a

delay in the eviction process to allow time to clean the unit and come into compliance. If a deadline

is given by which the unit must be clean and clutter free, the tenant can request an extension within

reasonable limits to bring the unit into a safe, satisfactory condition.

Late Rental Payments Without a Fee

Rent is typically due on the 1st day of the month. Some leases allow a grace period wherein rent can

be paid without a late fee (such as within the ﬁrst 5 days of the month). Late fees can be assessed

when the rent is paid after the due date or the grace period, whatever is determined by the lease

agreement. A tenant who has a disability and receives Social Security Disability Income (SSDI) may

request a reasonable accommodation to be exempt from the late fee when the date they receive

their SSDI payments make paying rent on time difﬁcult or impossible. Courts have determined that

this is a reasonable request. Receiving SSDI should be sufﬁcient proof that a person has a disability,

and if they can show that they don’t receive their payments until after the due date or grace period,

REASONABLE ACCOMMODATIONS

DURING TENANCY

During Tenancy

that is sufﬁcient proof of a disability related need for the accommodation. Individuals who previously

requested later rental due dates and were denied may be able to claim reimbursement for late fees

paid if they can show proof that the request was previously made and denied.

Rental Payment Reminders

If an individual has a cognitive disability or poor memory, a reasonable accommodation request would

be to ask the housing provider to call or to provide a monthly note to remind the tenant to make a

rental payment before the due date.

Including a Case Manager or other Professional

Support Service on all Correspondence

If an individual has a disability which makes processing information, understanding communication,

or remembering information difﬁcult, it is helpful to request that all communication from the housing

provider be made in writing and be copied to the individual’s case manager or other professional

support service.

Transfer to a More Accessible Unit or

Early Termination of Lease

A person with a disability may have a need to terminate a lease before the end of the lease term

due to medical issues, an increase in the severity of a disability, or the need for a more accessible

unit. A reasonable accommodation can be made to allow the transfer to a more accessible unit or

community without having to pay transfer fees. In some cases, it may be reasonable for a housing

provider to release a resident with a disability from any further obligations under a lease agreement

if it becomes necessary for the resident to relocate due to a disability related need.

Permitting a Home Health Aide or

Live-in Personal Care Attendant

An individual with a disability may

require a visiting home health

aide or a live-in personal care

attendant. The tenant can request

a reasonable accommodation to

permit the live-in personal care

attendant without payment of

extra rent or inclusion on the lease.

A reasonable accommodation

request could also be made to

request a transfer from a one

bedroom to a two bedroom unit

to accommodate a live-in personal

care attendant. A tenant can also

request a waiver of any guest fee

or parking fee for a live-in care

attendant or home health care aide.

During Tenancy

Multiple Chemical Sensitivities

If an individual has multiple chemical sensitivities, they can request a reasonable accommodation

to be notiﬁed in advance of painting or chemical spraying, including for pest extermination and

lawn care.

Smoking

When smoking interferes with a person’s ability to equally use and enjoy their dwelling (i.e.

secondhand smoke affecting a person with a lung disease), there are a couple of possible options. A

person with the disability can request a reasonable accommodation to prohibit smoking in common

use areas. A reasonable modiﬁcation request can also be made to install air ﬁlters or an exhaust fan

in the rental unit. If an acceptable solution

cannot be reached to prevent secondhand

smoke from having a negative effect on

an individual with a disability, a reasonable

accommodation can be requested for a

transfer to another unit or building or for an

early termination of the lease.

Wheelchairs and

Electric Scooters

Housing providers cannot deny someone

the right to use a wheelchair or scooter or

refuse someone housing because they use

a scooter or wheelchair. Requiring additional

deposits, liability insurance, or mandatory

training for the wheelchair or scooter user is

unlawful. Unreasonable community rules and

policies which limit the wheelchair or scooter

user equal opportunity to use and enjoy a

dwelling are unlawful. Individuals who use

wheelchairs, scooters, or other mobility aides

are responsible for any damages beyond

normal wear and tear which are caused by

their mobility aide.

Apartment Damages

If a person’s disability caused them to damage an apartment unit, thereby violating the lease, a

reasonable accommodation request can be made that the housing provider postpone eviction

proceedings while the tenant undergoes treatment and counseling. As with any reasonable

accommodation request, each case is decided on a case by case basis and would have to take into

account the extent of the damages caused, if any other tenants were disrupted by the behavior, and if

steps will be taken to repair any damages caused by the tenant.

During Tenancy

Notice Before Entering Apartment

An individual may have a disability such as post-traumatic stress disorder which causes extreme

anxiety when management enters the apartment for service calls or regular maintenance and

inspections. A reasonable accommodation request would be to ask for 24-hour advance notice in a

non-emergency, providing the tenant with a window of time to expect the visit. The tenant can also

request that maintenance personnel do not simply knock and enter but that they knock and wait

several minutes for the tenant to open the door.

Noise Violations

At times a person’s disability may cause noise violations. An example would be the presence of a child

with disabilities who occasionally screams or makes loud noises. This can lead to complaints from

neighbors about noise or even an eviction notice. Attempts should be made to mitigate any noise

which is disturbing neighbors. If an eviction notice has been issued, a reasonable accommodation

request can be made asking for a second chance to mitigate any noise disturbances. Sound prooﬁng

could be installed by the tenant (a reasonable modiﬁcation request), behavioral therapy can be

commenced or increased, and any number of intervening tactics could be employed to help mitigate

any ongoing noise disruptions. If the noise disturbances continue unabated, the accommodation may

no longer be reasonable.

Eviction

If a non-renewal of lease, notice to quit, or eviction is issued because of a tenant’s behavior, which

was directly related to a disability, the tenant can request a reasonable accommodation to rescind

a notice to quit or eviction notice or to reconsider a decision to not renew a lease and to consider

mitigating circumstances. It is helpful if a case manager or other support services professional can

write a letter explaining mitigating circumstances as well as steps that will be taken to ensure that the

behavior does not recur (medication, therapy, counseling, supervision, etc.).

Competing

Disability Needs

COMPETING DISABILITY NEEDS

Sometimes a reasonable accommodation

request from a person with a disability

can potentially have an impact on other

tenants with disabilities. For example,

a request for an assistance animal may

negatively affect another tenant with a

severe allergy to animals. In these cases,

the housing provider must weigh the

needs of both tenants with disabilities

to try to come up with a mutually

agreeable solution. It is important in this

situation to apply the same process for

engagement in an interactive negotiation

and requiring appropriate veriﬁcations

from both tenants.

Stipulations for Reversals

Housing providers can require that the work necessary to make an accessibility modiﬁcation be

done in a professional manner and that all necessary building permits are obtained. They cannot

require that certain contractors be used. A housing provider can require that the tenant restore any

interior modiﬁcations to the original condition upon moving out of the unit but only if the modiﬁcation

will interfere with the next tenant’s use and enjoyment of the premises. For exterior modiﬁcations,

restoration or structural changes are generally not required. If the modiﬁcation is in a common use

area and could beneﬁt future tenants, the housing provider cannot require that the tenant restore the

dwelling to its original condition upon moving out of the unit.

A Homeowners or Condo Association (HOA or COA) may never require restoration and reversal of a

reasonable modiﬁcation. In addition, HOAs and COAs are not permitted to require a certain type of

construction, certain colors, or even a certain type of a plan for modiﬁcation.

Example: If a tenant has a ramp to the laundry room built in a multi-unit apartment complex, the ramp

does not need to be removed because it is located in a common use area and may be beneﬁcial to

future tenants.

Example: If cabinets in a tenant’s kitchen are moved lower to provide access to a wheelchair user,

the cabinets may have to be returned to their original height if the landlord believes it will interfere with

the next tenant’s use and enjoyment of the premises.

If you are going to make modiﬁcations to your rental unit, encourage your landlord to allow the

modiﬁcations to stay when you eventually vacate the dwelling. Dwellings with accessible features can

be high in demand and you can appeal to your landlord that the modiﬁcations will make the property

more marketable. If you need to invest in extensive modiﬁcations to a rental unit, you may also want to

negotiate a longer lease with the landlord.

Escrow for Reversal of Reasonable Modiﬁcations in

Rental Properties

If restorations to the dwelling will be necessary when a tenant moves out, a housing provider may

request payment by the tenant into an interest-bearing escrow account. Such payments may be

made over a reasonable period and the amount must be reasonable and cannot exceed the cost of

the restorations. The interest from the account accrues to the beneﬁt of the tenant.

STIPULATIONS FOR

REASONABLE MODIFICATIONS

AND MODIFICATION REVERSALS

Accessibility &

New Construction

All “covered multifamily dwellings” designed and constructed for ﬁrst occupancy after March 13, 1991,

are required by the Fair Housing Act to be readily accessible to and usable by persons with disabilities

regardless of whether a property is privately funded or is publicly funded. Covered multifamily dwellings

include many different types of residential dwellings and facilities such as condos, apartment buildings,

assisted living facilities, nursing homes, public housing, transitional housing, shelters, and dorms. In

buildings with four or more dwelling units and at least one elevator, all dwelling units and all public and

common use areas must comply with the Fair Housing Act’s design and construction requirements. In

buildings with four or more dwelling units and no elevator, all ground ﬂoor units and public and common

use areas must comply with the design and construction requirements under the Fair Housing Act.

To comply with the accessibility requirements of the Fair Housing Act, the housing must include the

following features:

• An accessible building entrance on an accessible route

• Accessible public and common-use areas

• Doors that allow passage by a person in a wheelchair

• Accessible route into and through the dwelling unit

• Light switches, thermostats and other environmental controls in accessible locations

• Reinforcements in bathroom walls for later installation of grab bars

• Kitchens and bathrooms that allow

a wheelchair to maneuver about

the space

Reasonable Modiﬁcation

in New Construction of

Single Family Homes

Design and construction requirements

under the Fair Housing Act only apply

to some types of multifamily units. If an

individual is purchasing a pre-construction

single family home or townhouse and

wishes to have it built with accessibility

features such as a ramp, grab bars,

or accessible kitchen, the builder

must permit changes to the plans for

accessibility even if they do not normally

allow customization of building plans.

The builder may only charge the buyer

the difference between the cost of the

modiﬁcations and the cost of the features

that would have normally been provided.

ACCESSIBILITY AND NEW

CONSTRUCTION UNDER

THE FAIR HOUSING ACT

Federally Subsidized Housing

& Public Accommodations

In addition to complying with federal, state, and local anti-discrimination laws, housing programs

funded by the U.S. Department of Housing and Urban Development (HUD) must comply with

additional rules, which further protect program participants from discrimination. Programs that may

not be required to comply with the Fair Housing Act (for example, emergency one-night shelters)

are still covered by other laws, such as Section 504 or the ADA, which require non-discrimination,

accessibility standards, and reasonable accommodations and modiﬁcations for persons

with disabilities.

The Americans with Disabilities Act (ADA) of 1990 is a broad civil rights law guaranteeing equal

opportunity for individuals with disabilities in employment, public accommodations, transportation,

state and local government services and telecommunications. The ADA prohibits discrimination based

on disability in programs and activities provided by public entities (including housing related programs)

and in goods, services, facilities, and privileges of places of public accommodation owned or operated

by private entities. Public Housing agencies are covered by the ADA as are community development

agencies, housing developed by state and local government including state university dormitories.

Public and common use areas which are open to the general public or residents of a development

are covered by the ADA. Rental ofﬁces are covered by the ADA and must be accessible. Community

rooms are covered by the ADA if they are made available to the public.

The provisions of the Americans with Disabilities Act regarding public accommodations and state and

local government services is enforced by the U.S. Department of Justice. For more information on the

ADA, please go to the U.S. Department of Justice’s ADA website page at www.ada.gov or contact

your regional ADA Center adata.org/ﬁnd-your-region.

The Architectural Barriers Act (ABA) states that all buildings, other than privately owned residential

facilities, constructed by, on behalf of, leased by the federal government, or buildings ﬁnanced in

whole or in part with federal funds must be physically accessible for persons with disabilities. Public

housing must meet the accessibility standards set forth by the Architectural Barriers Act. The U.S.

Department of Housing and Urban Development oversees enforcement of the ABA in public housing.

Section 504 of the Rehabilitation Act of 1973 (Section 504) states that no otherwise qualiﬁed

individual with a disability may be discriminated against in any program or activity receiving federal

ﬁnancial assistance including subsidized housing. Housing and housing programs receiving federal

ﬁnancial assistance must comply with Section 504. While public housing and the administration of the

Section 8 housing voucher program is covered by Section 504, private landlords who accept Section

8 housing vouchers are not covered by Section 504.

Section 504 Requirements:

• Individuals with disabilities cannot be denied participation in any program or activity because of their

disability. There must be sufﬁcient accessibility so that individuals with disabilities have an equal

opportunity to participate in and beneﬁt from a program.

• Individuals with disabilities cannot be made to accept lesser service or a different kind of service

than that which is provided to others without disabilities.

DISABILITY RIGHTS IN FEDERALLY

SUBSIDIZED HOUSING AND IN

PUBLIC ACCOMMODATIONS

Federally Subsidized Housing

& Public Accommodations

• Individuals with disabilities may not be required to participate in separate activities and programs

which may be available to people with disabilities.

• Programs and services must make sure their services and programs are readily accessible to and

usable by persons with disabilities to the maximum extent feasible.

• Programs and services must be conducted in the most integrated setting appropriate for the

person with the disability.

• Housing for individuals with disabilities cannot be separate or unnecessarily segregated from

housing provided to individuals without disabilities.

• Accessible housing units must be made available to qualiﬁed individuals with disabilities who require

accessible features before being offered to families who do not have an individual with a disability

requiring accessible features.

• Communication must be accessible to persons with disabilities and auxiliary aides and services

must be provided including interpreters, transcription or captioning services with the participation in

any program activity. Electronic materials and websites must be accessible and print materials must

be provided in large print or Braille or other alternative format.

• Federally funded new construction projects must ensure that 5% of the dwelling units, or at least

one unit, whichever is greater, are accessible for persons with mobility impairments. An additional

2% of dwelling units, or at least one unit, whichever is greater, must be accessible for persons with

hearing or visual disabilities.

For more information on Section 504, visit HUD’s Section 504 webpage at https://www.hud.gov/

program_ofﬁces/fair_housing_equal_opp/disabilities/sect504faq

Federally Funded Housing

As in private housing, a reasonable accommodation in subsidized housing can be requested at any

time. Speciﬁc procedures or forms cannot be required. The housing provider must respond in a

timely manner.

Physical Modiﬁcations

A signiﬁcant difference exists in the provision of reasonable modiﬁcations in subsidized housing as

opposed to private housing. In private housing, physical modiﬁcations to a rental unit are called

reasonable modiﬁcations and are paid for by the tenant. In subsidized housing (excluding private

landlords accepting Section 8 housing vouchers) physical modiﬁcations are called reasonable

accommodations and the housing provider is responsible for the cost of installation. For example,

in a federally subsidized housing program, the housing provider would pay for the installation of a

wheelchair ramp, grab bars, or other modiﬁcation for a resident with a disability.

Housing Voucher Extension

If ﬁnding suitable housing is made more difﬁcult because of a person’s disability or disability related

needs, a reasonable accommodation request can be made to grant additional time in the search

for housing.

Payment Standards

When a person with a disability has difﬁculty locating housing which has accessible features which

meet their disability related needs within the price range of the housing voucher, a reasonable

accommodation request can be made to increase the housing voucher to allow the person with the

disability to obtain housing with the necessary accessible features.

REASONABLE ACCOMMODATIONS

IN FEDERALLY FUNDED HOUSING

Federally Funded Housing

Alternative Housing Types

If a person’s disability necessitates the utilization of an alternative form of housing not typically

covered by a housing voucher, the individual can request a reasonable accommodation to be

granted permission to be able to use their housing voucher with the alternative housing. Examples of

alternative housing options include renting from a relative, shared housing, manufactured housing or

mobile homes, or other typically ineligible housing types.

Housing Size

When a person’s disability requires extra space, including the use of medical equipment or a bedroom

for a 24 hour live-in personal care attendant, a reasonable accommodation request can be made to

request a larger housing unit or voucher. Another example of a reasonable accommodation would be

granting an additional bedroom because a child’s disability related behaviors makes it impossible to

share a bedroom with a sibling.

Housing Inspection

If a person misses a required housing inspection because of their disability (cognitive impairment,

memory problems, hospitalization, etc.) a reasonable accommodation request can be made to ask for

the housing inspection to be rescheduled.

Filing a Complaint

If you believe you have experienced housing discrimination, including the denial of a

reasonable accommodation or modiﬁcation request, it is important to maintain records

and documentation to help prove your case. Be sure to include:

• Names

• Dates

• Details regarding the incident.

Fair housing complaints can be ﬁled with the U.S. Department of Housing and Urban Development for

up to one year from the incident or with the Pennsylvania Human Relations Commission for up to 180

days from the incident. In addition, a lawsuit can be ﬁled in federal court for up to two years.

If a landlord is found to have discriminated, the victims of housing discrimination can be awarded out-

of-pocket costs incurred while obtaining alternative housing and any additional costs. Non-economic

damages for humiliation, mental anguish, or other psychological injuries may also be recovered.

Housing Equality Center of Pennsylvania

If you live in the City of Philadelphia or in Bucks, Chester, Delaware, Lehigh, Montgomery, or

Northampton Counties in Pennsylvania, you can call the Housing Equality Center of Pennsylvania for

counseling, investigation, and options for enforcement based on the circumstances of your case.

Phone: 267-419-8918

Toll-Free: 866-540-FAIR (3247)

[email protected]

equalhousing.org

U.S. Department of Housing and Urban Development

To ﬁle a complaint with the U.S. Department of Housing and Urban Development:

Call HUD’s Housing Discrimination Hotline at 800-669-9777 or visit www.hud.gov

Pennsylvania Human Relations Commission

To ﬁle a complaint with the Pennsylvania Human Relations Commission:

Call 215-560-2496 or visit www.phrc.pa.gov

FILING A FAIR HOUSING

DISCRIMINATION COMPLAINT

Additional Resources

For More Information on Reasonable

Accommodations and Modiﬁcations

The U.S. Department of Justice and the U.S. Department of Housing and Urban Development have

provided joint statements on Reasonable Accommodations Under the Fair Housing Act and

Reasonable Modiﬁcations Under the Fair Housing Act.

These statements offer a clear Q&A format providing technical guidance on rights and obligations of

persons with disabilities and housing providers under the Fair Housing Act.

You can access this Joint Statement by visiting equalhousing.org and clicking on the Landlord

Resource Center.

Housing Equality Center of Pennsylvania is a nonproﬁt organization leading the effort to eliminate

housing discrimination in Pennsylvania through education, advocacy and enforcement of fair housing

laws. We provide victims of discrimination with legal help, perform testing to determine the existence

of discrimination, educate the public, consult with and train housing providers, and work with housing

and related service providers to ensure compliance with anti-discrimination laws. The Housing

Equality Center provides fair housing counseling, testing, and investigations services for victims of

discrimination in Bucks, Chester, Delaware, Lehigh, Montgomery, Northampton and Philadelphia

Counties in Pennsylvania.

Phone: 267-419-8918

Toll-Free: 866-540-FAIR (3247)

[email protected]

equalhousing.org

Funding Accessibility Modiﬁcations

If you do not have the money to pay for a reasonable modiﬁcation, there are some resources you can

contact who may be able to help you.

Pennsylvania Assistive Technology Foundation (PATF)

Pennsylvania Assistive Technology Foundation (PATF) can help people with disabilities and older

Pennsylvanians get the assistive technology they need with the following programs:

• Low-interest and 0% interest ﬁnancial loans

• Information and assistance about possible funding resources

PATF also provides ﬁnancial education through various publications and individual counseling. The PA

Assistive Technology Foundation can be reached at:

Phone: 484-674-0506

Toll-Free: 888-744-1938

Fax: 484-674-0510

patf.us

ADDITIONAL RESOURCES

Additional Resources

Pennsylvania Accessible Housing Program (PAHP)

Pennsylvania Accessible Housing Program (PAHP) provides grants that will enable low and

moderate-income persons with permanent disabilities and older adults to make their current

home more accessible.

In most counties this program is provided by Self Determination Housing Project (SDHP):

www.sdhp.org/modiﬁcations/pa-accessible-housing-program/

Self Determination Housing Project (SDHP) of Pennsylvania

The Self-Determination Housing Project (SDHP) of Pennsylvania is a statewide non-proﬁt organization

that works to expand housing options for people with disabilities in Pennsylvania. SDHP administers

several statewide and/or county-wide housing programs including the Regional Housing Coordinator

Program and the PA Accessible Housing Program.

261 Old York Rd, Suite 321A

Jenkintown, PA 19046

Phone: 610-873-9595

Toll-Free: 877-550-7347

Fax: 610-873-9597

www.sdhp.org

Veterans Affairs has programs available to help disabled veterans

to make modiﬁcations to their homes.

Ofﬁce of Veterans Affairs

(OVA)

Bldg. 0-47,

Fort Indiantown Gap

Annville, PA 17003-5002

Phone: 717-861-8910

Toll-Free: 800-547-2838

Fax: 717-861-8589

RA-V[email protected]

Philadelphia Field Ofﬁce

Veterans Administration

Center

P.O. Box 42938

Philadelphia, PA 19101-2938

Phone: 215-381-3040

Toll-Free: 866-754-8637

Fax: 215-381-3492

Pittsburgh Field Ofﬁce

William S. Moorhead

Federal Building

1000 Liberty Ave.,

Suite 1612

Pittsburgh, PA 15222-4003

Phone: 412-395-6225

Toll-Free: 866-754-8636

Fax: 412-395-6224

Other Resources

PALawHELP

For information regarding legal issues including landlord/tenant, consumer, children and families,

employment, health law, housing and shelter, public beneﬁts, disability, elder law, immigration issues,

migrant issues, and veterans and military, please visit the website www.PALawHELP.org.

Senior LAW Center

Senior LAW Center serves Pennsylvanians 60 years of age and older. Legal advice, counseling,

information, and referral services are available at 877-PASRLAW (727-7529) or

www.seniorlawcenter.org.

Additional Resources

Disability Rights PA

Disability Rights PA protects and advocates for the rights of people with disabilities so that they may

live the lives they choose, free from abuse, neglect, discrimination, and segregation. Visit the website

www.disabilityrightspa.org, email [email protected] or contact the ofﬁce closest to you:

Harrisburg Ofﬁce

301 Chestnut Street Suite 300

Harrisburg, PA 17101

Phone: 717-236-8110

Toll-Free: 800-692-7443

TDD: 877-375-7139

Fax: 717-236-0192

drnpa-hbg@drnpa.org

Philadelphia Ofﬁce

The Philadelphia Building

1315 Walnut Street, Suite 500

Philadelphia, PA 19107-4798

Phone: 215-238-8070

Fax: 215-772-3126

drnpa-phila@drnpa.org

Pittsburgh Ofﬁce

429 Fourth Avenue, Suite 701

Pittsburgh, PA 15219-1505

Phone: 412-391-5225

Fax: 412-467-8940

drnpa-pgh@drnpa.org

Pennsylvania LINK to Aging and Disability Resources

Aging and Disability Resource Centers (ADRC) are a nationwide effort to assist older adults and

individuals with disabilities who need help with activities of daily living. The ADRC in Pennsylvania

is known as the Link. The PA Link can connect you to local services through any LINK partner

agency; help you explore existing options to ensure a secure plan for independence; assist you with

applications to determine eligibility; and help you remain in, or return to, your community. Call the toll-

free HELPLINE at 800-753-8827.

Additional Resources

The PA Bar Association Lawyer Referral Service

The PA Bar Association Lawyer Referral Service (LRS) refers callers to lawyers in the counties

that do not have a referral service of their own. This service covers 45 of the 67 counties in the

Commonwealth of Pennsylvania, and can be reached by calling 800-692-7375 (for in-state callers

only), 717-238-6807 or www.pabar.org.

If you are looking for an attorney in a county listed below, please contact that County’s bar

association’s Lawyer Referral Service directly.

Allegheny County, Pittsburgh:

412-261-5555

Beaver County, Beaver:

724-728-4888

Berks County, Reading:

610-375-4591

Blair County, Hollidaysburg:

814-693-3090

Bucks County, Doylestown:

215-348-9413

888-991-9922

Butler County, Butler:

724-841-0130

Carbon County, Lehighton:

610-379-4950

Chester County, West Chester:

610-429-1500

Cumberland County, Carlisle:

717-249-3166

Dauphin County, Harrisburg:

717-232-7536

Delaware County, Media:

610-566-6625

Erie County, Erie:

814-459-4411

Franklin County, Chambersburg:

717-267-2032

Lackawanna County, Scranton:

570-969-9600

Lancaster County, Lancaster:

717-393-0737

Lebanon County, Lebanon:

717-273-3113

Lehigh County, Allentown:

610-433-7094

Luzerne County, Wilkes-Barre:

570-822-6029

Mercer County, Mercer:

724-342-3111

Monroe County, Stroudsburg:

570-424-7288

Montgomery County,

Norristown:

610-279-9660

Northampton County, Easton:

610-258-6333

Philadelphia County,

Philadelphia:

215-238-6333

Washington County,

Washington:

724-225-6710

Westmoreland County,

Greensburg:

724-834-8490

York County, York

717-854-8755

If you think you may qualify for free legal assistance, the Legal Aid ofﬁce near you can be located

by going to www.palegalaid.net and clicking on Service/Staff Locator, and then on your county in

Pennsylvania. Or you can call 717-236-9486 and follow the prompts to hear the contact information

for the Legal Aid ofﬁce in your county. If you do not qualify for legal aid or if the Legal Aid ofﬁce

you contact cannot help you for any reason, please check out www.PALawHELP.org to see what

additional legal resources and information are available to you.

Additional Resources

PA Housing Search

The Pennsylvania Housing Finance Agency’s search tool helps people search for housing by topics

such as rent amount, area of interest, accessibility, or availability of public transportation. On the

website, you can also ﬁnd additional statewide information and resources, including a rental checklist,

rent calculator, information on services, transportation, Frequently Asked Questions related to renting,

and much more by visiting the “Info and Links” section of the website www.pahousingsearch.com. Or

call toll-free 877-428-8844, TTY is 7-1-1.

Public Beneﬁts

To see if you are eligible for public beneﬁts, such as LIHEAP (Energy Assistance), Food Stamps,

Medical Assistance, CHIP, Cash Assistance, Child Care Works Program, School Meals,

Long Term Living Services, and Early Intervention, Intellectual Disability or Autism Services,

visit www.compass.state.pa.us.

If you need help ﬁlling out your COMPASS application, call the HELPLINE at 800-692-7462 between

8:30 a.m. and 4:45 p.m., Monday through Friday.

If you are hearing impaired, call TTY/TTD at 800-451-5886. If you have a question during nonbusiness

hours or prefer to use e-mail, you may contact them by email through their website.

2-1-1 United Way

PA 2-1-1 is a free resource and information hub that can connect you with customized health,

housing, and human services information. By calling 2-1-1, you can receive information related to

food, housing, employment, health care, along with a variety of other services. Visit the website at

www.pa211.org or dial 2-1-1.

Public Housing Authorities

If you need public housing assistance or information about public housing programs, such as Housing

Choice Vouchers (HCVs), please contact your local public housing authority (PHA). The HCV program

is the federal government’s major program that assists very low-income families, older adults, and

individuals with disabilities with obtaining decent, safe, and sanitary housing in the private housing

market. If you need assistance locating your local public housing authority, call 2-1-1 (United Way)

for information.

Quick Start Housing Resources

Use the website www.phfa.org/mhp/serviceprovider to ﬁnd the contact information, by county, for

a variety of housing providers including housing authorities, homeless providers, community action

agencies, and more. Click on the “Hot Topics” button to see a drop down menu of counties in

Pennsylvania and select your county to view.

Funding under a grant from the U.S. Department of Housing and Urban Development supported

the work that provided the basis for this publication. The substance and ﬁndings of the work are

dedicated solely to the public. The author and publisher are solely responsible for the accuracy of the

statements and interpretations contained in this publication. Such interpretations do not necessarily

reﬂect the views of the Federal Government.

Federally Subsidized Housing

& Public Accommodations

Bernard Kleina