Request by Letter Show Check with your housing provider, management company, Board of Directors or other governing/managing group to find out if there is a special way they want you to make your request. If they have a specific form they require, you may wish to use it. While no specific form can be required to request a modification, forms are often helpful and may be beneficial for both tenant and landlord including by ensuring that there is a written record of the request. If no such form or special process exists, you may still wish to submit your request in writing by letter. Verbal requests for modification are permitted but it is a very good idea to make sure you have a written record of your request for modification. If you are requesting a reasonable accommodation, provide as much detail about the accommodation as possible. If you know about resources that can help the property manager or Board of Directors in providing the accommodation, you may want to include that information. For example, if you are requesting materials in Braille and know of a company that can provide the service at a reasonable cost, you can provide the company’s contact information. If you are requesting permission to make a reasonable modification, include the following information in your letter or on your form:
Certified Mail Whether you use a form or a letter, you may wish to send it using certified mail or by email to the property manager, landlord, owner, Association, Board of Directors, etc. so that you have a good record of when your request was sent. Copies Keep copies of the forms and letters and the delivery confirmation. Documentation of Need Attach (or start preparing for later submission) documentation verifying that you are a person with a disability and that the accommodation or modification is necessary to afford you equal use/enjoyment of the premises. If your disability is obvious and apparent you may not need documentation of disability. If your disability-related need for the accommodation or modification is obvious and apparent you may not need documentation to show why you need the accommodation or modification. Please refer to the written guidance available from the United States Department of Housing and Urban Development and Department of Justice about accommodations and modifications for further information. Ask a healthcare provider, social worker, etc. to write and send the letter (on letterhead) to you so you can send it to the property manager, landlord, owner, Association, Board of Directors, etc. This letter should identify you as a person with a disability under the Fair Housing Act and verify that, in the opinion of the author, you need the accommodation/modification in order to use the property as well as a person without a disability can use it. If you are unsuccessful, there are organizations where you can request legal and advocacy assistance. Visit the Discrimination and Other Legal Problems section of this Disability Topic for information. The Federal Fair Housing Act prohibits housing discrimination on the basis of race, color religion, sex, national origin, familial status, or disability. Indiana state law also protects ancestry. Localities may have additional protected classes. Definition of DisabilityFederal laws define a person with a disability as “Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.” In general, a physical or mental impairment includes hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation that substantially limits one or more major life activities. Major life activities include walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself. Housing and the Rights of People with DisabilitiesRegardless of whether you live in private or public housing, Federal laws provide the following rights to persons with disabilities. 1. Prohibit discrimination against persons with disabilities. It is unlawful for a housing provider to refuse to rent or sell to a person simply because of a disability. A housing provider may not impose different application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions than those required of or provided to persons who are not disabled. Example: A housing provider may not refuse to rent to an otherwise qualified individual with a mental disability because s/he is uncomfortable with the individual’s disability. Such an act would violate the Fair Housing Act because it denies a person housing solely on the basis of their disability. 2. Require housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A housing provider should do everything s/he can to assist, but s/he is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden. Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction. Example: A housing provider would make a reasonable accommodation for a tenant with mobility impairment by fulfilling the tenant’s request for a reserved parking space in front of the entrance to their unit, even though all parking is unreserved. 3. Require housing providers to allow persons with disabilities to make reasonable modifications. A reasonable modification is a structural modification to allow persons with disabilities the full enjoyment of the housing and related facilities. Examples of a reasonable modification would include:
Learn More About Reasonable Accommodations Reasonable modifications are usually made at the resident’s expense. However, there are resources available for helping fund building modifications. Additionally, if you live in federally assisted housing, the housing provider may be required to pay for the modification if it does not amount to an undue financial and administrative burden. 4. Require that new covered multifamily housing be designed and constructed to be accessible. In covered multifamily housing consisting of 4 or more units with an elevator built for first occupancy after March 13, 1991, all units must comply with the following seven design and construction requirements of the Fair Housing Act:
In covered multifamily housing without an elevator that consists of 4 or more units built for first occupancy after March 13, 1991, all ground floor units must comply with the Fair Housing Act seven design and construction requirements. These requirements apply to most public and private housing. However, there are limited exemptions for owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. If you live in federally assisted multifamily housing consisting of 5 or more units, 5 percent of these units (or at least one unit whichever is greater) must meet more stringent physical accessibility requirements. Additionally, 2 percent of units (or at least one unit whichever is greater) must be accessible for persons with visual or hearing disabilities. People with Disabilities in Federally Assisted HousingFederal law makes it illegal for an otherwise qualified individual with a disability to be excluded from programs receiving federal financial assistance, solely because of his or her disability. Zoning and Land UseIt is unlawful for local governments to apply land use and zoning policies that will keep persons with disabilities from locating to their area. State and Local LawsMany states and localities have fair housing laws that are substantially equivalent to the Federal Fair Housing Act. Some of these laws prohibit discrimination on additional bases, such as source of income or marital status. Some of these laws may impose more stringent design and construction standards for new multifamily housing. The Americans with Disabilities ActIn most cases, the ADA does not apply to residential housing. Rather, the ADA applies to places of public accommodation such as restaurants, retail stores, libraries, and hospitals as well as commercial facilities such as offices buildings, warehouses, and factories. However, Title III of the ADA covers public and common use areas at housing developments when these public areas are, by their nature, open to the general public. For example, it covers the rental office since the rental office is open to the general public. Title II of the ADA applies to all programs, services, and activities provided or made available by public entities. This includes housing when the housing is provided or made available by a public entity. For example, housing covered by Title II of the ADA includes public housing authorities that meet the ADA definition of “public entity,” and housing operated by States or units of local government, such as housing on a State university campus. Photo credit: Joyce Huis/Unsplash What is considered a disability California?Be unable to do your regular or customary work for at least eight days. Have lost wages because of your disability. Be employed or actively looking for work at the time your disability begins. Have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld during your base period.
What characteristics are included in the Fair Housing Act?The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability.
Can you evict a disabled person in Texas?In evictions, even if a tenant without a disability could be evicted, a landlord cannot necessarily evict a tenant with a disability because of behavior related to the tenant's disability.
What is the Florida Fair Housing Act?Floridians are entitled by law to rent a place to live or buy a home without consideration of their race, color, national origin, sex, handicap, familial status, or religion.
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