Current through September 18, 2024
A. Design and
Construction. Any housing accommodation of four (4) units or more constructed
for first occupancy after March 13, 1991 shall be designed and constructed in
compliance with the requirements of the Fair Housing Practices Act.
B. Reasonable Modifications. An owner cannot
refuse to allow a person with disabilities to make, at their expense,
reasonable modifications of existing premises occupied or to be occupied by
such person if such modifications may be necessary to afford such person full
enjoyment of the premises.
1. Reasonable
modifications typically include, but are not limited to, installation of grab
bars in a bathroom, widening a doorway to permit a wheelchair to pass and
installation of lower sinks, toilets or environmental controls;
2. An owner can, where reasonable, condition
permission for the reasonable modification on the tenant agreeing to restore
the interior of the premises to the condition that existed before the
modification. Modifications which would not interfere with a future tenant's
enjoyment of the premises and which do not have to be restored could include,
but are not limited to, widening a doorway, studs installed to hold grab bars
or the lowering of environmental controls;
3. An owner can require, where reasonable,
for the payment of a reasonable restoration deposit. This deposit shall be
placed in an interest-bearing escrow account and the interest shall accrue to
the benefit of the tenant. Factors to be considered in the reasonableness of a
restoration deposit can include, but are not limited to, the cost to restore
the premises, the income of the tenant and the length of the tenancy.
C. Other Accommodations. An owner
may not refuse to make reasonable accommodations to rules, policies, practices
or services, when those accommodations may be necessary to afford an occupant
or prospective occupant with a disability equal opportunity to use and enjoy a
dwelling and its facilities. This includes, but is not limited to, making
reasonable accommodations to pet policies.
1.
There must be an identifiable relationship, or nexus, between the requested
accommodation and the person's disability.
2. Housing providers are entitled to verify
the existence of the disability, and the need for the accommodation-if either
is not readily apparent.
3. Housing
providers are not required to provide any reasonable accommodation that would
pose a direct threat to the health or safety of others.
4. A housing provider is not required to make
an accommodation for an assistance animal if the presence of such animal would:
a. result in substantial physical damage to
the property of others unless the threat can be eliminated or significantly
reduced by a reasonable accommodation;
b. pose an undue financial and administrative
burden; or,
c. fundamentally alter
the nature of the housing provider's operations.
5. Not all animals necessary as a reasonable
accommodation need to have specialized training.
