Under the Fair Housing Act (FHA), a tenant with a disability can request a Reasonable Accommodation from their housing provider[1]. A reasonable accommodation is a request to make changes in rules, policies, practices, or services to allow a tenant with disabilities the same opportunity to use and enjoy their home as other tenants.[2]
Anyone with a disability can request a reasonable accommodation. A disability, as defined by the FHA, includes:
(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment.
See 42 U.S.C. 3602(h) for more information.
There is no special language that a tenant needs to use to make this request, and it does not need to be in any specific form. However, it is always recommended that any requests like this be done in writing (and that the tenant keeps a record of the written request, such as an email). The request may be made by a family member or another person acting on behalf of the tenant.
The request must clearly explain what accommodation is being requested and that the need for the accommodation is because of a disability. If the connection between the requested accommodation and the disability is not clear to the landlord, then the tenant may be required to explain the connection.
If the disability is apparent or known and the need for the accommodation is also apparent or known to the housing provider, then the housing provider is not allowed to ask for more information about the tenant’s disability. If the need for the accommodation is not apparent or known, then the housing provider may only request information needed to evaluate whether the accommodation is necessary.
What documentation can the housing provider request from a tenant?
The housing provider cannot just ask for all medical records from a tenant. To establish a need for the accommodation, the tenant can provide enough information to support the request. In addition, a doctor, service provider, or other reliable third-party can provide verification of the disability and the need for the accommodation. The housing provider should keep all information confidential unless it is shared as part of the process to grant or deny a reasonable accommodation request or as required by law.
There are very limited circumstances when a landlord can deny a reasonable accommodation request. If you think your landlord has violated the Fair Housing Act by denying a request for a reasonable accommodation, or you would like more information or assistance with this process, contact CPLP. Fill out an intake form under the “Get Help” section of this website or call (303) 532-2641.
NOTE: This information does not, and is not intended to, constitute legal advice. Instead, all information is for general informational purposes only. No person should attempt to interpret or apply any law without the assistance of an attorney. Please contact an attorney should you wish to obtain advice concerning any particular legal matter. The opinions expressed in this communication are those of the authors and not those of the Colorado Poverty Law Project or its funding sources.
[1] There are limited housing providers that are exempt from being required to provide a reasonable accommodation.
[2] Note, the Colorado Anti-Discrimination Act (CADA), the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973 provide further protections for tenants with disabilities. These protections vary based on the type of housing and the type of assistance or accommodation being sought. For more information, contact CPLP.