Individuals with disabilities can request changes to their homes or their housing providers’ policies because of their disability.
On this page
Rights and Obligations Under Federal Law
Who Is An Individual with a Disability?
Overview of Reasonable Accommodations & Reasonable Modifications
Requesting Reasonable Accommodations and Reasonable Modifications
Examples of Reasonable Accommodations and Reasonable Modifications
Information About Assistance Animals
Rights and Obligations Under Federal Law
In general, there are three Federal laws that make it illegal to discriminate against someone because they have a disability. Those laws are The Fair Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. Each law has its own requirements and may not always apply. The type of housing you live in will determine which laws apply. Under each law, housing providers will typically have the obligation to provide reasonable accommodations and reasonable modifications so that your disability-related need is not a barrier to the use of your home, your housing development, or your housing provider’s policies. Below is a general description of how each law applies.
The Fair Housing Act
Under the Fair Housing Act, there is a difference between a reasonable accommodation and a reasonable modification.
A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service.
A reasonable modification is a structural change of a housing development or dwelling.
The Fair Housing Act applies to most housing. If a reasonable modification is necessary, a housing provider may require you to pay for the change and require you to pay to undo the change if you move out.
Section 504
Under Section 504, there is not a difference between a reasonable accommodation and a reasonable modification. Instead, a change to a policy or a change to a structure are both called reasonable accommodations under this law.
Section 504 applies to housing that is subsidized with Federal funds. This includes, for example, public housing or other affordable housing. Section 504 typically requires more from housing providers than the Fair Housing Act. Generally, under Section 504, you must pay for a reasonable accommodation, and you cannot make the applicant or tenant pay for it. You must offer reasonable accommodations if you know an applicant or tenant is an individual with a disability, even if they have not specifically asked for one.
Additional information about Section 504 is available on the Section 504 Frequently Asked Questions page.
Americans with Disabilities Act (ADA)
Like Section 504, there is not a difference between a reasonable accommodation and a reasonable modification, but they are called reasonable modifications under this law.
The ADA applies to housing that is funded by a state or local government, and might also apply to some parts of other private housing, such as a rental office that is open to the public.
Who is an Individual with a Disability?
An individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. Examples of major life activities are activities such as seeing, hearing, speaking, walking, breathing, using your hands, bending, reaching, lifting, standing, sitting, caring for yourself (such as feeding and bathing), thinking, concentrating, paying attention, working, sleeping, learning, reading, writing, communicating, interacting with others.
An individual’s disability can also affect major bodily functions. Examples of major bodily functions are functions that involve the immune system, special sense organs and skin, digestion, brain activity and neurological activity, respiratory system or breathing, systems such as the circulatory, endocrine, musculoskeletal, and reproductive systems.
Even though the word “major” is included, this is not a high standard you have to meet in order to be an individual with a disability.
An individual with a disability includes someone who has any of the following conditions: orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV) infection (whether symptomatic or not), intellectual or developmental disabilities, mental or psychological disorders, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, tuberculosis, drug (other than addition caused by current, illegal use of controlled substances), and alcoholism.
The Federal disability laws also protect any individual who has a record of having an impairment or who is regarded as having an impairment.
It is important to keep in mind that some impairments may be invisible or hidden, while others are easily observed. Some examples of observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable effects, such as intellectual impairments (including some types of autism), neurological impairments (including stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions.
Some examples of invisible or hidden impairments include certain intellectual or developmental disabilities, such as learning disabilities, certain neurological conditions (including some types of autism, chronic migraine, sensory processing-related impairments), certain mental illnesses (including depression, anxiety, post-traumatic stress disorder), cancer that is in remission, multiple sclerosis, HIV/AIDS, heart disease, or diabetes.
Overview of Reasonable Accommodations & Reasonable Modifications
Reasonable accommodations and reasonable modifications are changes that allow individuals with disabilities to access, use, and enjoy housing, including dwelling units, public and common areas, laundry rooms, and parking. A reasonable accommodation or reasonable modification has to be connected to your disability.
Since rules, policies, practices, and services may have a different effect on individuals with disabilities than on other persons, treating individuals with disabilities exactly the same as others will sometimes deny individuals with disabilities an equal opportunity to enjoy a dwelling or participate in the program. Not all individuals with disabilities will have a need to request a reasonable accommodation. However, all individuals with disabilities have a right to request or be provided a reasonable accommodation or reasonable modification at any time.
Reasonable modifications can include structural changes to the inside or outside of housing units and to common and public use areas. Examples include the installation of a ramp into a building, lowering the entry threshold of a unit, or the installation of grab bars in a bathroom.
In general, housing providers may not make individuals with disabilities pay extra fees or deposits, and cannot require any other special conditions in order to provide a reasonable accommodation. However, under the Fair Housing Act, a housing provider may require you to pay for structural changes you may need in your housing unit, such as the installation of grab bars in your bathroom. If you live in or applied for housing that is covered by both the Fair Housing Act and Section 504, then your housing provider must pay for the modifications you need.
In some cases, it is possible your housing provider may not be required to pay for a reasonable modification under Section 504 only if they can prove that providing the reasonable modification would be an undue administrative and financial burden, which applies to all of the resources available to your housing provider, or if they can show that it would be a fundamental alteration to their housing program. If a housing provider cannot give you the accommodation or modification you requested, they are still required to offer you other options that might meet your needs. You are not required to accept a different accommodation if it will not work for you.
Requesting Reasonable Accommodations and Reasonable Modifications
If you are an individual with a disability, you have the right to request a reasonable accommodation or reasonable modification. You can ask for an accommodation at any time. You do not have to ask for an accommodation in writing, and you can request it from anyone who works for your housing provider. The information provided below is not a step-by-step guide for requesting reasonable accommodations and reasonable modifications, in part because each individual with disabilities will have unique needs and a one-size fits all process may not work for everyone. Instead, HUD is listing some best practices to assist individuals with disabilities who may need to request reasonable accommodations or reasonable modifications.
- Any individual with a disability
- The parent, guardian, or caregiver of a minor child who has a disability
- A member of a household on behalf of a household member with a disability
- Requests for reasonable accommodations or reasonable modifications can be made at any time
- You can request a reasonable accommodation or reasonable modification to the application process, even if you are not yet living at a particular housing development
- NOTE: Under the Fair Housing Act, you are not entitled to an accommodation or modification unless you ask for one
- You might develop a disability that you did not have when you first moved into your housing, so you can request a reasonable accommodation or reasonable modification if that happens
- You might realize after living in your home for some time that certain things could be easier, so you can ask for changes that relate to your disability once you know what you might need
- Your housing provider might be instituting a new policy and you might need an exception because of your disability, so you can ask for a reasonable accommodation if this happens
- Something in your housing unit or development changed so you now need an accommodation because of your disability
- If you are being evicted and you need assistance with the process because of your disability
- You can ask anyone who works for your housing provider
- You are not required to make your request in writing, but it can be helpful for you and your housing provider to have a record of the request, when it was made, and what happened
- Some housing providers have reasonable accommodation coordinators, you can ask your housing provider if they have a coordinator and who that person is to contact or so you can follow up on your request
- Your request should explain how the accommodation or modification you are asking for is connected or related to your disability
- Your request should include a description of the disability-related need and why a change is needed
- Your request does not need to include detailed medical information about your disability and should include only enough information so that the accommodation you are asking for can be clearly connected to your disability
- You do not need to use the words “reasonable accommodation” or “reasonable modification” when asking for one. If you ask your housing provider for a change because of your disability and make clear why that change is needed, you have asked for a reasonable accommodation or reasonable modification.
- If your disability is obvious, and your request is related to that disability, your housing provider should grant the request without delay
- If your disability is obvious, your housing provider can only ask you for additional information about your request if it is not clear how what you are asking for is related to your disability
- If your disability is not obvious to your housing provider, they may need a little more information to confirm how the request you made is related to your disability—this is called “verification”
- Verification can be provided by a reliable third party who knows about your disability, this may include a doctor or other medical professional, a peer support group, a non-medical service agency, or any other reliable third party. Your housing provider should not request your medical records.
- Only if your housing provider believes it cannot provide you what you have asked for because it would be an undue administrative and financial burden or a fundamental alteration to their program, then the housing provider might suggest alternative accommodations that they can provide
- An “undue administrative and financial burden" is determined on a case-by-case basis and requires your housing provider to consider all of the resources (such as personnel, money, property) that are available
- A “fundamental alteration” is a change that would alter the essential nature of the housing provider’s operations
- Your housing provider is required to talk with you about the different options if they cannot provide the specific accommodation you requested, this is called the “interactive process.” If you and your housing provider talk about your disability-related needs, by working together, it may be possible to find an accommodation that can be provided and that will work for you.
- You are not required to accept an alternative if it will not work for you
Examples of Reasonable Accommodations and Reasonable Modifications
There are a lot of other situations where reasonable accommodations and reasonable modifications may be necessary and appropriate.
Information about Assistance Animals
Some individuals with disabilities may rely on the support of an animal that helps with the effects of their disability. Assistance animals are animals that do work, perform tasks, assist, or provide therapeutic emotional support. Assistance animals are not pets.
If you need an assistance animal in your home, you can ask for a reasonable accommodation if your housing provider has a no-pets policy or if there is a pet deposit, other fees, or rules for pets.
Additional Information about assistance animals is available here
Additional Resources
Laws and Regulations
Additional information on the Federal laws that prohibit discrimination because of disability, including statutes and regulations, is available here.
Guidance Documents
Joint Statement of HUD and DOJ on Reasonable Accommodations
Joint Statement of HUD and DOJ on Reasonable Modifications
Additional Guidance, Notices, and other materials relating to disability are available here.
State, Local, and Non-Profit Resources
Additional resources or assistance may be available from various State, local, and non-profit organizations. These types of organizations might be able to provide guidance, support, including legal support, and advocacy for individuals with disabilities. HUD also funds State or local agencies that can investigate housing discrimination under the Fair Housing Act.
Examples of organizations that may be able to help is available here
Frequently Asked Questions (FAQ)
HUD’s Section 504 FAQ is available here.
Contact HUD
HUD can investigate allegations of disability discrimination in housing under the Fair Housing Act, Section 504, and the Americans with Disabilities Act.
If you believe you were discriminated against because of your disability, including if you asked for a reasonable accommodation or reasonable modification and did not get one or it took a long time to get one, information about what HUD can do to help and how you may file a housing discrimination complaint with HUD is located here.
Note: It is important to file a complaint as soon as possible after the incident, because there may be time limits on when a complaint can be filed.
Back to Top