Fair Housing Update: July 2008

Washington State
FAIR HOUSING UPDATE

NEW FEDERAL GUIDANCE ON
REASONABLE MODIFICATIONS FOR
PEOPLE WITH DISABILITIES

In March 2008, the U.S. Departments of Housing and Urban Development (HUD) and Justice (DOJ) issued new guidance designed to help housing providers, home builders, and homeowners' associations better understand their obligations regarding the "reasonable modifications" provision of the federal Fair Housing Act (FHA). A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas.

The FHA prohibits housing providers, home builders, or homeowner associations from refusing to permit a reasonable modification of existing premises, occupied or to be occupied by a person with a disability, when the person needs the modification for full enjoyment of the premises. The HUD/DOJ guidance addresses a number of topics and provides examples of:

How to distinguish between a reasonable accommodation and a reasonable modification.
Who is responsible for the expense of installing a reasonable modification.
Who is responsible for the expense of maintaining a reasonable modification.
When and what types of documents and assurances can be required before granting permission to install a reasonable modification.
How the housing provider and tenant can use an interactive process to request, identify, and implement a reasonable modification.
How to allocate costs when the housing provider proposes a more expensive alternative for aesthetic or design reasons.
How to address issues of quality.
Whether a housing provider can require particular contractors or building permits.
Which modifications a housing provider can require to be restored to the original condition upon move-out.
Whether a housing provider can require the restoration of interior and exterior modifications.
How to distinguish between security deposits and escrow accounts for restoration.
When and how to ensure that money will be available to pay for restoration of the interior of the premises at the end of the tenancy.
How to pay for a modification when the Fair Housing Act's design and construction requirements apply.
How the reasonable modification process applies to homebuilders.
What requirements apply when housing receives federal financial assistance.

In 2004, HUD and DOJ issued similar guidance about "reasonable accommodations". Together, these statements provide important guidance for those in the housing industry. We also recommend the sample policies "Reasonable Accommodations for People with Disabilities" and "Service Animals" by the Fair Housing Partners of Washington, Here's where to get copies:

Reasonable Modifications:
www.usdoj.gov/crt/housing/fairhousing/reasonable_modifications_mar08.pdf
www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf
Reasonable Accommodations: www.usdoj.gov/crt/housing/joint_statement_ra.pdf
www.usdoj.gov/crt/housing/joint_statement_ra_5-17-04.pdf
Sample Policy: Reasonable Accommodations: www.metrokc.gov/dias/ocre/RA.pdf
Sample Policy: Service Animals: www.metrokc.gov/dias/ocre/SA.pdf

Is a request for a parking space because of a physical disability a reasonable accommodation or a reasonable modification?

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