
Are Modifications Reasonable? At Whose Cost?
Question: I have a tenant, in a wheelchair, who lives in a single family home I own. He has submitted a request to install a grab bar in the shower and to lower cabinets in the kitchen. I know I have to allow him to install the grab bar, but do I really have to allow him to move around cabinets? That seems like a serious burden for me, as the owner. Also, who pays for all of this?
Answer: Assuming the Fair Housing Act applies (there are a few very narrow exceptions), then yes you have to allow the resident to make these changes, at their own expense. If you have a disabled resident, and they need to make physical changes to the structure of the unit to let them reasonably use and enjoy the property, you have to allow it. This is called a reasonable modification under the Fair Housing Act. Generally, residents are liable for the cost of such modifications, and if the change would negatively impact future residents (such as having cabinets lowered), you are allowed to ask for a deposit for it to cover it being returned to its original condition. You should definitely consult with an attorney to address such nuances and when they apply.