Housing is a fundamental right that plays a crucial role in enabling people with disabilities to live independently and participate fully in their communities. MCD developed this fact sheet to explain housing rights for people with disabilities, including how to request reasonable modifications and accommodations.
Whether you’re renting an apartment, buying a home, or living in subsidized housing, understanding your rights is the first step towards ensuring equal access and fair treatment.
What Laws Protect You?
There are three important laws covering housing rights for people with disabilities: the Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). They each prohibit discrimination against people with disabilities in all aspects of housing and require housing providers to provide reasonable accommodations. Depending on the type of housing, one or more of these laws will apply.
Learn more about Rights and Obligations Under Federal Law.
Fair Housing Act
The Fair Housing Act applies to most housing and requires housing providers to provide reasonable modifications and accommodations. Under this law, the homeowner or tenant may be required to pay for specific modifications and pay to undo any changes when they move out.
Section 504 of the Rehabilitation Act
Section 504 applies to any housing that receives federal funding. In this case, providers must pay for any reasonable modifications requested by a homeowner or tenant with a disability.
Americans with Disabilities Act
The ADA applies to housing provided by state and local governments and would apply to some areas of private housing, such as a rental office that is open to the public. ADA requirements do not apply to most private housing.
What Are Reasonable Modifications and Accommodations?
Reasonable accommodations and modifications are changes that ensure that people with disabilities can access their living spaces and other areas, including common rooms, laundry rooms, and parking. A reasonable accommodation must relate to an individual’s disability.
The Fair Housing Act distinguishes between a reasonable accommodation and a reasonable modification.
Reasonable Modifications
Reasonable modifications are physical changes to your home or common living areas. For example:
- Installing a ramp
- Widening doorways
- Adding grab bars in the bathroom
Reasonable Accommodations
Reasonable accommodations are changes to rules, policies, or services. For example:
- Allowing a service animal in a “no pets” building
- Providing a reserved parking space close to your unit
- Sending building notices in large print or Braille
Examples of reasonable accommodations and modifications (PDF)
Things to Keep in Mind
- Section 504 and the ADA use the terms “reasonable modification” and “reasonable accommodation” interchangeably.
- When providing reasonable accommodations, housing providers cannot charge extra fees or require people to meet special conditions.
- Under the Fair Housing Act, a housing provider can require the homeowner or tenant to pay for structural changes.
- Under Section 504, if the modification would pose an undue burden on the housing provider, they do not need to pay for the accommodation.
What is the Housing Provider Responsible For?
- Under the Fair Housing Act, housing providers do not need to provide accommodations unless the person with a disability specifically requests it.
- Section 504 and the ADA require the housing provider to offer reasonable accommodations to an applicant or tenant they know has a disability, even if the person doesn’t request them.
- Housing providers must communicate with tenants about alternative accommodations if a specific request would be an undue administrative or financial burden.
- Housing providers cannot request a tenant’s private medical records to determine whether an accommodation is appropriate.
- Housing providers must also allow service animals as a reasonable accommodation to pet restrictions or fees. Learn more about assistance animals from the Office of Fair Housing and Equal Opportunity.
Requesting Accommodations
You can ask for reasonable modifications or accommodations at any time. Here’s how:
- Identify your needs: Think about what changes would make your home more accessible.
- Make your request: You can ask in writing or verbally. It’s best to write it down so you have a record.
- Explain the connection: Tell your housing provider how the change relates to your disability.
- Be specific: Describe what you need and why you need it.
- Provide verification if asked: Your housing provider might ask for a letter from your doctor or another professional.
Things to Remember
- You don’t have to use legal terms or say, “reasonable accommodation.”
- You don’t have to share detailed medical information.
- You don’t have to accept alternatives that don’t work for you.
Learn more about Requesting Reasonable Accommodations and Reasonable Modifications.
Making a Discrimination Claim
If you think you’ve been discriminated against, you can file a complaint. Follow these steps:
- Keep records: Write down what happened, when, where, and who was involved.
- File a complaint: You can file your complaint with the Department of Housing and Urban Development (HUD).
- Participate in the investigation: Answer questions and provide information as needed.
- Look for a solution: HUD will try to resolve the issue through negotiation or mediation.
Learn more about Reporting Housing Discrimination.
You can also report discrimination on the Minnesota Department of Human Rights website.
Understanding your housing rights as a person with a disability is crucial for ensuring equal access and fair treatment. Remember that you have the right to request reasonable accommodations and modifications, and there are laws in place to protect you from discrimination.