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Your Landlord Resource Podcast
Your Landlord Resource Podcast
Fair Housing: Navigating Reasonable Accommodation Requests
As landlords, one of the most important and sometimes confusing, responsibilities we face is handling reasonable accommodation requests from tenants. These requests, protected under the Fair Housing Act, ensure tenants with disabilities have equal access and enjoyment of their rental homes. But where do you draw the line between reasonable and unreasonable? And how do you protect yourself while staying compliant?
In this episode, Kevin and I break down everything you need to know. We’ll explain what reasonable accommodations are, who qualifies for them, and how they differ from modifications. We’ll also share examples of requests landlords are most likely to encounter — from service animals to parking adjustments to flexible rent due dates.
You’ll hear best practices for documenting requests, avoiding common mistakes, and protecting both your tenants and your business. We’ll also cover when landlords can say no, how to engage in the “interactive process,” and why empathy and professionalism go a long way in avoiding costly mistakes.
Whether you own one rental unit or ten, this episode will help you approach accommodation requests with confidence, compliance, and clarity.
🔗 Links & Resources Mentioned
Listen to Episode 61: Fair Housing and Emotional Support Animals (ESA’s)
Listen to Episode 73: Senior Aged Tenants, What You Need to Know
Listen to Episode 6: Creating Operating Procedures for Your Rental Property
The Fair Housing Institute, 15% OFF with code YLR2025
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And look, if you own a duplex and suddenly you have to have a ramp installed, that other tenant likely already knows something has changed with their neighbor, right? But it's up to the tenant in need to discuss that with their neighbor if they want them to know. If you or anyone working for you discusses the reasons behind the change to someone else, you can be sued for improperly disclosing the tenant's private disability information, potentially leading to defamation or violation of privacy and fair housing laws.
Stacie:Yeah, it's much like HIPPA. You or those you hire cannot ever discuss another tenant's request or personal matters with someone else. I mean, not only is it totally unprofessional. It's essentially gossip, which really is just in bad taste.
Welcome to Your Landlord Resource podcast. Many moons ago when I started as a landlord, I was as green as it gets. I may have had my real estate license, but I lack confidence and the hands-on experience needed when it came to dealing with tenants, leases, maintenance, and bookkeeping after many failed attempts. Fast forward to today, Kevin and I have doubled our doors and created an organized. Professionally operated rental property business. Want to go from overwhelm to confident if you're an ambitious landlord or maybe one in the making. Join us as we provide strategies and teach actionable steps to help you reach your goals and the lifestyle you desire. All well building is streamlined and profitable rental property business. This is Your Landlord Resource Podcast.
Stacie:Heidi ho there, landlords, and thank you for listening to your Landlord Resource podcast. We are very happy to have you here. My name is Stacie Casella and I'm here with my co-host, Kevin Kilroy.
Kevin:Hey there everyone.
Stacie:So in case you didn't know, he's also my husband and my business partner. So yeah, we spend, we spend a lot of time together.
Kevin:Yeah. And that is so amazing, isn't it? Wow. I'm getting that look. Okay, i'm just kidding. You know, honestly, listen, we certainly have our ups and downs, but I think we work really well together. Or should I say I work well for Stacie since uh, she's the boss. Oh, okay. Kidding.
Stacie:Actually, no, you're not, but, and you're right. You know, often I'm the brains, you're the braun and that's certainly not a cutdown'cause Kevin is ridiculously smart, sometimes too smart for his own good. But I do handle most of the correspondence with the tenants, so it does kind of come off like I'm doing more when it comes to the management side of things. But that's neither here nor there. Uh, we have a good show for you guys today. We are going to discuss something that is covered under the Fair Housing Law and that is reasonable accommodations. Now what are reasonable accommodations? Essentially it is a change to your rules or policies or practices so that a person with a disability has equal access and enjoyment to the rental housing that you provide. And I wanna clarify that an accommodation is an actual change to the rules or policy. So this would be like allowing a service animal or actually an ESA when you have a blanket no pet policy. A modification is a physical change of the property. So think installing grab bars in the bathroom or putting up a ramp where there are stairs.
Kevin:So as you all know, landlords have many responsibilities and how you handle a reasonable accommodation is a very important one. Legally speaking, it's important. So today we wanna break down what accommodations are, who qualifies for them, and what your obligations are as a landlord. We will go over examples of reasonable versus unreasonable requests and the best practices on how to handle them. So let's go over the most common requests. As Stacie just mentioned, it would be waiving a no pet policy for a service animal, and in some cases an ESA. What else? Let's see. Oh, providing reserved parking close to the building is another one. So for multi-family properties with parking, sometimes this would qualify as premium parking and could indeed earn you additional rent for those spaces. Okay, if someone has a reasonable request due to a disability, they may qualify to park in that spot for free.
Stacie:And I'm gonna jump in here real quick and say for single family homes, just because you have a driveway in a garage does not mean that your tenant has a right to park there. You have to authorize that right? We have neighbors down the street who have a single family home rental. They do not allow the tenants to park in the driveway. Why? We don't know, but they always are parked on the street. So a tenant could come to you if you do not allow them to use the driveway, asking you to park in their driveway to accommodate that disability.
Kevin:Let's move on to a few others. Uh, let's see. Allowing flexible rent payments could also be a reasonable accommodation. So say someone does not get their disability check in time to make the rent payment to you on the first of the month, they could ask to have the rent due on say, the fifth instead. Another could be if someone needed to receive their documents in large print or an alternative format like Braille or through some special software for those who are visually impaired. And why does all this matter? Well, it does ensure you are an equal housing opportunity landlord. And it is legally required under federal law due to the Fair Housing Act and also many states and local governments have even more strict laws. So as we say all the time, know your state and local landlord tenant laws.
Stacie:Yep, because California, Colorado, and New York all have stricter fair housing laws than the federal ones covered by the Fair Housing Act. And we're not gonna get into those today. But you guys all need to know those landlord tenant laws. We've mentioned it quite often lately, and for about 99 bucks, you can take a course to get certified in Fair Housing. Now, i'm not sure if this includes the laws that are in those three more strict states, like I said, California, Colorado, or New York. But the Fair Housing Institute is a great place to start. Again, we get nothing but goodwill for referring you,, if you wanna go to the Fair Housing Institute, you can use code YLR 2025, you'll receive 15% off any course that you purchase. So not huge, but 15 bucks to help you out if you buy their comprehensive fair housing course. We've taken a couple of them and they are self-paced, easy to understand, and they have a little quiz at the end of each section to test you out, and I believe you get a certificate as well. Which likely means nothing because it's not like you have to show it to anyone, but it, it does give you the basics. That in turn will make you think a little bit before you react to something that is covered by fair housing. So that's the Fair Housing Institute, and you can use code YLR 2025 for 15% off. We'll link that in the show notes as well. All right, let me quickly discuss who qualifies for reasonable accommodations. And I'll start with the definition of disability under the FHA or the Fair Housing Act. Which is physical or mental impairment that substantially limits one or more major life activity. And it includes people with a history of impairment or who are regarded as having an impairment. Examples of these conditions covered would be, mobility impairments, blindness or deafness. Intellectual disabilities like those with autism or cerebral palsy. Chronic illnesses like cancer, diabetes, heart disease, hIV or AIDS and epilepsy. Which our niece has, and you would never know this from just looking at her. And finally, it covers mental health conditions like depression, anxiety disorders, and PTSD. So if you rent to those in the military, PTSD might be something that you would have to deal with from time to time.
Kevin:Well, not only the military, I mean PTSD can be anyone.
Stacie:Yeah, and it's true. You know when my first husband was super sick and I was eight and a half months pregnant, when it was all said and done, I struggled with depression and I went to a therapist that felt that I had a mild form of PTSD because I had no idea if my then husband was gonna survive to even meet kid number two. Of course he went on to live another 14 years before eventually passing. But that first experience of him being so sick with no warning at all was frightening. And you guys, mental illness, even for those who do their best to cope and hide it, it's no joke.
Kevin:Yeah. We have a couple of other family members who, with us being armchair psychiatrists, think they have some level of PTSD. One had her husband passed suddenly in the middle of the night, and because she was a cardiac care nurse, she felt she should have been able to save him when he had his massive heart attack. And it's been, what, five, six years and she still really struggles. The other one had a very near miss of a bad car accident on the freeway and will no longer drive on freeways. I mean, anywhere they go, it has to be able to be accessed via back roads and side streets, or they have to use Uber. Now they can be a passenger, but cannot get themselves to drive on the freeway any longer.
Stacie:Yeah, and that one's a shame because they're very young. Well, I don't know. I hopefully they're gonna get the help that they need.
Kevin:And we didn't mean to go off the rails like that. We just wanted to let you know that a lot of people suffer from disabilities, some even undiagnosed. What is important is for you to all to just focus on the documentation you receive and not make assumptions about who qualifies and who does not. If they have medical evidence to prove their disability as an issue, you need to work with them. So let's touch on the responsibilities landlords have when it comes to accommodating these requests. Legally, landlords must grant reasonable accommodations or modifications unless doing so creates an undue financial, administrative burden, or fundamentally alters the housing. So what does this mean? Well, when it comes to accommodations, remember accommodation is when you make changes to your rules or policy to accommodate a tenant. This often does not cost the landlord money to implement. It just means where you have a policy for parking or pets or rent due dates, you have to change that policy to accommodate this one tenant's request.
Stacie:So not really any cost to implement, but it might cost them if they have to remove a premium parking space that someone pays additional rent for, or if they have to allow a service animal or an ESA,'cause the wear and tear on the property likely is gonna be far more than if there were no animal present. Which means more cost to remedy those issues when the tenant moves out and you are turning the unit to prep for the next tenant.
Kevin:Right? But for the most part, when it comes to a financial burden, then you are looking at modifications. So if you have a rental with stairs and you have a tenant who becomes ill or disabled and needs to have a ramp installed to allow them to access the rental property, that can be a little more of an issue. Now, most of the time ramps are not a permanent structure that alters the building, but they can be expensive to install correctly.
Stacie:Yeah, I mean, it's not like you can just go over there and secure a three quarter inch thick piece of plywood over the existing stairs and call it a day.
Kevin:No, you, you definitely cannot do that. And you guys, we don't even wanna explain how we know about this.
Stacie:Yes. So we're gonna cue that palm to the face emoji.
Kevin:Exactly. Now there are housing codes, and to install a ramp, will need to get a permit from your city, as well as hire an engineer a licensed general contractor to install that ramp with the proper degree of slope and railings to keep the person going up and down from falling off the sides. So again, where there is not a major alteration to the home, like say installing electric chair rail to get someone up and down the interior stairs, this still can be very time consuming and expensive.
Stacie:It's not like putting in a ramp is something that you can leave there for the next tenant. You know, if this tenant moves out, you're gonna have to do some work to remove it and clean up the structure below it, like filling in nail holes that it took to secure that ramp, and then painting the whole area.
Kevin:Which means if a tenant is going to put in a request for something that's extensive, you're going to wanna make sure they are sticking around for a while.
Stacie:Yeah, and you know, same thing goes with widening doorways and essentially making your unit a DA compliant. Other examples would be lowering countertops or altering walkways or installing visual alert systems. Now installing grab bars in the bathroom, so someone who might be unsteady has something to hold onto when they're in the shower or getting in and outta the bathtub. Not a huge financial burden. Unfortunately, if you have brand new tiled bath, you might not be too happy about drilling into that tile, which is a completely different issue, uh, unrelated to today's content. So you can see the difference between the two reasonable quote unquote requests that tenants might put in for. For accommodations that's changing the policy, the landlord generally deals with any costs that's associated with that. Or modifications, rule of thumb is the tenant would have to pay for those improvements or changes to the property. Here's the issues though. Most of those changes, whether structural or not, usually require permits. And those permits and generally all the costs associated with these changes are paid for, and work is managed by the landlord, which then the tenant would have to reimburse them for.
Kevin:What Stacie is saying is that if a tenant needs a ramp, or to make major changes to your rental, to accommodate their disability, you wanna make sure you are in charge of getting that work completed correctly. Do not allow the tenant to make these updates on their own, or you could be dealing with a lawsuit down the line should it not be installed correctly and safely. This is not where you wanna be lazy. You want to handle this like it's your own family who has a need for this. Which leads me to timelines. As a landlord, you have to respond and acknowledge the tenant's request promptly. Because should there be a long delay in your response, like two weeks, it could be seen as a denial and then things can get really ugly real fast. All that tenant has to do is contact the US Department of Housing and Urban Development, HUD, or their state agency, depending on the jurisdiction, and file a case. At this point, now you have the government on your ass, and folks you'll wanna avoid this like the plague. So do yourself a favor and reply within 48 hours and acknowledge the requests. Let them know you're looking into it and what it would take to complete the task or make the change to their lease, you know, like creating an addendum for the animal. And then you've got yourself some breathing room to process this whole scenario.
Stacie:So one thing I do wanna touch on is that, and we have mentioned this a bunch of times, you need to make sure that you have your standard operating procedures set for this. And what I mean is what is the process that you take when you receive a reasonable accommodation request? What is the step-by-step process? What form or template do you use to respond to them initially? What addendum do you need to use and have them sign for each request? What are your timelines? Who do you call for assistance? You know, your contractor is, is gonna be there for structural modifications. Your lawyer is there to make sure that their request is actually reasonable. Your standard operating procedures should note who pays for the work to be completed, or at least ideas on how that is to be handled. You know, if you offer a payment plan for one tenant, you need to offer that payment plan for every tenant who puts in a reasonable accommodation request. So the requests need to be considered individually, but evaluated and handled with the same processes as others to keep everything consistent and fair. Finally, any and all documentation that your tenant submits regarding the need and the proof of a disability must be kept private and confidential. And this is very important to understand you guys.
Kevin:And look, if you own a duplex and suddenly you have to have a ramp installed, that other tenant likely already knows something has changed with their neighbor, right? But it's up to the tenant in need to discuss that with their neighbor if they want them to know. If you or anyone working for you discusses the reasons behind the change to someone else, you can be sued for improperly disclosing the tenant's private disability information, potentially leading to defamation or violation of privacy and fair housing laws.
Stacie:Yeah, it's much like HIPPA. You or those you hire cannot ever discuss another tenant's request or personal matters with someone else. I mean, not only is it totally unprofessional, it's essentially gossip, which really is just in bad taste.
Kevin:Alright, let's move on to how to process and handle requests when they come in. So a request can be made in writing to you or it can be made verbally. We highly recommend you request the tenant submit their reasonable accommodation in writing so you have documentation to have that in their file. If they refuse to send it in writing, then you should draft an email to them reiterating your version of what was said in the verbal conversation and email it to them. This is a valid form of documentation in a court of law.
Stacie:Plus, if you misunderstood what they were asking for, then hopefully they will respond to the email and clarify the request. But listen, if you have an elderly tenant, and let's face it, many have minimal skills for using a computer. You know, many do not, but my parents don't own a computer and they don't even have internet. But when something needs to be completed electronically, they come to me with their handwritten information and I handle it from there. Which is great if a tenant has family to handle it, but some are totally on their own and will need your patience and your help. Which means you might have to draft a document stating what you believe it is that they are asking for what needs to be done to make that request happen. Who is financially responsible and any timelines that are associated with the request. Then you take it over to them, have them read it and review it, and then sign it so you're covered. Because the last thing you want is to start building a ramp when all they were asking for is a lowered handrail or something like that. Every step needs to be clear and concise, so there's never any question on what's happening and when communication is key you guys.
Kevin:All right, so the request comes in and you need to evaluate it. Essentially, you need to know is that tenant covered under fair housing laws, because there may be a clear connection between the disability and the requested accommodation, like the tenant was in a horrible car accident and is now wheelchair bound for life. But, if you do not know that is when you respond to the tenant requesting verification. Which would be to request a letter from their medical professional or proof of disability benefits.
Stacie:Yeah, and you guys, please don't overreact here. Do not ask for medical history on how this diagnosis came about. The fact that they have a medical doctor providing a diagnosis is enough.
Kevin:I mean, the less you know, the better. Once you have all the requested information, you can then move to discuss possible solutions with your tenant. They might not have considered needing parking close to their unit. They might not have considered they need a toilet higher off the ground. Again, larger modifications are usually the financial responsibility of the tenant. Where you don't wanna lose a good tenant, you don't wanna put them in the poor house, having to pay for these modifications either. So before work starts, make sure everyone is on the same page. Because it may be better for them to find another rental that may be all on one level or has some a DA improvements already done.
Stacie:Yeah. And there are circumstances where a tenant's request is considered unreasonable. Like if a tenant asks you to install an elevator in a two story building so they can get upstairs, or they want you to pay for 24/7 caregiving services. Widening hallways in a multi-family common space just for one resident, that is considered unreasonable. And like Kevin mentioned, work with a tenant to find alternatives. No matter what, every step of the way, document all conversations, and whatever you agree to or disagree to. These documents are what will protect you legally should a tenant decide to sue you. You wanna document the date and the method of the first request, all communications with the tenant, your evaluation process, and how you came to the decisions that you did, any and all verifications that were provided and the final decision, and any actions that were taken. Like if you install grab bars in the bathroom, the make and model of the bars installed, the dates installed, any details on installation like the location and the height of the bars. You wanna take photos of the bars that were installed, so you have those for your records as well. And of course, any receipts for the products that were purchased or installation fees from your contractor.
Kevin:Yep. And we say it all the time, document, document, document. It's a little work that you hope you will never need, but when you do, you are so relieved to have it. It's also a good idea to periodically check in with the tenant to make sure their disability has been accommodated for. And who knows if this accommodation is because of a temporary illness and they've recovered, they may no longer be in need of special accommodations anymore. We are talking about parking spaces and changes in rental due dates, you know, easy stuff like that.
Stacie:Right. And one other accommodation that we failed to discuss was if someone needed to have a live-in aid. Now we did discuss this in detail in episode 73 where we discussed what you need to know about having senior age tenants. If you wanted to give it a listen, you can go to your landlord resource.com/episode 73. The long and short of it is if someone needs full-time care, they have to follow the same procedures as everyone else and submit a request for an accommodation and provide a letter from a doctor regarding its medical necessity. The live-in aid is not paid by the landlord, but the tenant might have to request a larger unit so that the live-in aid has somewhere to sleep, although this is not mandatory. The live in aid does not pay rent and is not considered a tenant, but it is our recommendation that they are added as an occupant and they sign an addendum saying so. So that means that then they have to follow the rules that are set forth in the lease.
Kevin:And let me circle back to that statement Stacie mentioned about providing a larger unit. HUD's guidelines on tenant occupancy is two plus one. Two persons for each bedroom and one additional person for the living room. So if you're rent a one bedroom unit with just one tenant, it is reasonable to require the live aid to live in that one bedroom unit along with the tenant. I guess they can stay on the couch or something. But unless there are already three people living in that one bedroom unit, you should not be required to allow that tenant to change the units, to provide room for the living aid. Now, if someone lives on the second floor and is looking to move to a vacant unit on the first floor because they can no longer climb stairs, that is a reasonable accommodation as well. And one where you could not charge them an increased rent for that unit either.
Stacie:Yep. There are many different kinds of accommodations and modifications that can be requested. And we don't know'em all, but, all we can do is our best to be prepared, should the request come in. So, let me go over a couple of scenarios so we can drive home everything that we've talked about today. So say a tenant requests a service dog in a no pet apartment, and the landlord denies requests because of allergies that are in the building. That would be a violation and the landlord can get in trouble for that. For a tenant request that the landlord install an elevator, the landlord engages the tenant in discussion, and then offers a ground floor unit transfer instead. That would be legally compliant. Another scenario would be if a tenant with PTSD asks for a reminder system for rent notices. So the landlord provides email reminders one week, five days and then one day before the rent is due. This is a very reasonable and simple solution, and it is compliant. And finally, let's say a tenant requests 24/7 dedicated staff. I mean, obviously this is unreasonable. But the landlord offers emergency on-call maintenance and resources for personal care, which is definitely within reason.
Kevin:Yeah. Like you mentioned earlier, there's so many scenarios that could happen. You guys just need to do your best. Alright, here are some common mistakes to avoid. Ignoring or delaying requests. Get back to tenants within 48 hours. Demanding unnecessary medical details. You are on a need to know basis. If a letter from a verified doctor says they need it, you need to accept that. Applying blanket rules without individual consideration. Every request needs to be evaluated on an individual basis, but handled within the same procedures as others. Charging pet fees for service or emotional support animals. Listen to our episode about emotional support animals, AKA ESAs. We have a lot of very detailed info on this Fair Housing law. That's episode 61 and can be listened to by going to your landlord resource.com/episode 61. Finally do not retaliate or threaten eviction. That is a sure far way to get sued if the request is deemed reasonable.
Stacie:Yeah, you know, we're discussing all this today so you won't get sued. But we are seriously just touching the surface here. All right, we're getting ready to wrap things up, so let me quickly go over some best practice tips for you all to follow when it comes to dealing with reasonable accommodation requests. Create written policies for handling the requests. This would be your standard operating procedures. And I don't recall if we mentioned it earlier, but we did do a whole episode on standard operating procedures if you'd like to learn more about what that entails. You can go to, I think it's episode six, you can go to your landlord resource.com/episode 6. And we will link that in the show notes as well. All right, you also need to train anyone who works in your business or at your properties on FHA compliance. The Fair Housing Institute has group plans, uh, that you can purchase at a discount. And don't forget to use the code Y LR 2025 or whatever year that you're listening to this episode to get 15% off your purchase. You want to respond promptly and respectfully. This goes without saying and should be the case for all communications with your tenants. Never retaliate against a tenant for making a request. You're just asking for problems if you do that. And if you're unsure about the request, consult your legal counsel. We have discussed, I believe we would have an episode on having a good rental property team and the lawyer, or your lawyer is an integral part of that team. Ask other landlords in your area who they use if you need a local recommendation. And you want to maintain empathy, this is about equal access, it's not about special treatment. So please don't feel that your tenant is not worthy of an accommodation. For some people, it's really hard for them to ask for help, so treat your tenant the way that you would want to be treated if you were in their shoes.
Kevin:You know, most requests are manageable and are low or no cost at all to you. And even when a request seems unreasonable, be a professional and engage in a conversation. Do your best to listen and not react. Then document everything that was discussed and move forward with the evaluation. I mean, the bottom line is that doing the task Stacie just mentioned, protects your business and builds trust with your tenants. Is it easy? No, we aren't saying that it is. Approaching reasonable accommodations with a problem solving mindset is what will help you and your tenant in the long run.
Stacie:Yeah, exactly. And not just reasonable accommodations, any request at all. It can be really frustrating when you get that email or text with a tenant asking for something like a window screen that's missing from the bedroom window. But if you had replaced that old thing before the tenants had moved in, you wouldn't be dealing with it right now. Be organized, be prepared, and be professional. All right you guys, time to wrap this puppy up.. If you like what you hear on this podcast, would you do us a favor and subscribe or follow on your favorite podcast platform? This way our episodes will be there waiting for you each week so that you can enjoy all that we have to say about owning and self-managing your rental properties. And we would be super appreciative if you could leave us a kind review,'cause those reviews really help other landlords like yourself know that we're the real deal. We have links to the review sites in the show notes. If you have a question or wanna suggest a subject for a podcast, you can text us at 6 5 0 4 8 9 4 4 7 or you can email us at stacie@yourlandlordresource.com. That's Stacie with an IE or kevin@yourlandlordresource.com. Feel free to download any of the forms or templates that we offer. If you want to sign up for our free newsletter, you can access all those links in the show notes as well. If you'd like to follow along on the daily, you can find us on Instagram and Facebook, and we have a private Facebook group as well. Again, links to those are in our show notes. Thanks again for taking the time outta your day to listen to our podcast. Until next time, you've got this landlords.
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