Disability is defined under the Fair Housing Act as “a physical or mental impairment that substantially limits one or more of a person’s major life activities.” This definition includes people who have a history of such an impairment, and people perceived as having such an impairment. Reasonable modifications, as defined by the Fair Housing Act, are changes to the physical structure of a dwelling that are necessary to afford a person with a disability full enjoyment of the premises. Since there is a lack of accessible housing throughout Pennsylvania, a disabled home seeker’s only option for obtaining an accessible dwelling may be to request a reasonable modification. If a reasonable request were made for modifications to be completed in an individual unit or in the common area of housing, a housing provider would have to permit the modification.
Examples of modifications include:
- Widened doorways in unit
- Grab bars in bathroom or at entrance to unit
- Removal of below-counter cabinets
- Installation of wheelchair ramp at entrance to building/unit
- Replacing door knobs with levers
- Installation of visual and tactile alert devices
A landlord, property manager, condominium board or any other housing provider may request additional information or documentation to evaluate the reasonableness of a request for a modification if the requester has a disability that is not obvious, or the disability-related need for the modification is not apparent.
In most situations, it is the tenant’s responsibility to pay for any requested modifications. If a property receives federal financial assistance, then it is the responsibility of the housing provider to pay for the modification. In many instances, this applies to nonprofit housing providers. A landlord may require that modifications be done in a professional manner and, if necessary, may ask that a deposit be put in escrow to cover the costs of returning the dwelling to its original condition. A landlord cannot:
- Dictate a particular contractor
- Require a particular design concept for aesthetic reasons
- Place any restrictions upon granting a reasonable modification request
If you live in Philadelphia, Southeast Pennsylvania or the Lehigh Valley and need help with a reasonable modification request, contact info@equalhousing.org, 866-540-FAIR or contact us.
