Landlords Guide: Understanding "Reasonable Accommodation" Under Fair Housing Laws
For every landlord, the first step to protecting your investment is understanding your obligations under Fair Housing Laws. Today, we’re talking about a term every landlord needs to know: "reasonable accommodation."
What is a Reasonable Accommodation?
A reasonable accommodation is a necessary change or exception to a landlord's rules, policies, or services that allows a person with a disability to have equal use and enjoyment of their home. These requests are not about special treatment; they are about providing equal opportunity.
Accommodations can be simple and physical:
- Allowing a tenant with mobility issues to use a different entrance.
- Reserving a specific parking spot closer to their unit.
The Legal Challenge: More Than Just Physical Changes
This concept becomes complicated when a tenant with a disability requests an accommodation that affects your financial policies. For instance, what if a tenant requests a late rent payment because their disability check doesn't arrive until after the first of the month?
This request appears to violate your lease terms, but a court in Pennsylvania has previously ruled that a landlord’s refusal to change a rent due date to accommodate a disability may violate the Fair Housing Act (FHA). This legal precedent means landlords must approach these non-physical requests with extreme caution.
Your Takeaway: Navigating the Interactive Process
Therefore, you must treat these requests carefully. A request for a revised rent due date can be considered a reasonable accommodation if it is necessary for the tenant to manage their disability-related financial circumstances.
Here's what you need to remember:
- You are allowed to ask for documentation from a healthcare professional to verify the disability and confirm the necessity of the accommodation.
- The key is to engage in a conversation—also known as an interactive process—to find a solution that works for both you and your tenant while remaining compliant with federal law.
The bottom line is that reasonable accommodations extend far beyond just physical changes. If you’re a Philadelphia landlord and you need help navigating complex situations like these, contact us at TrustArt Realty. We’ll help you protect your investment by ensuring you’re compliant with all fair housing laws.
