Reasonable Accommodation
A change in rules, policies, practices, or services that a housing provider must make to give a person with a disability an equal opportunity to use and enjoy a dwelling, when requested and when not creating an undue hardship. Required under FHA § 3604(f)(3)(B) and 24 CFR § 100.204.
Also known as: RA, disability accommodation, FHA accommodation
Definition
A reasonable accommodation under the Fair Housing Act is a change in a rule, policy, practice, or service that a housing provider must make upon request to afford a person with a disability equal opportunity to use and enjoy housing.
Statutory Authority
42 U.S.C. § 3604(f)(3)(B) makes it unlawful to refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
Regulatory Implementation
24 CFR § 100.204 implements the reasonable accommodation requirement. The Joint Statement of HUD and DOJ on Reasonable Accommodations (2004) provides interpretive guidance on the scope of the obligation.
Elements of a Valid Accommodation Request
- Disability: Requester must have a physical or mental impairment that substantially limits a major life activity
- Connection: The accommodation must be necessary to afford equal opportunity — there must be a relationship between the disability and the accommodation requested
- Reasonableness: The accommodation must be reasonable — not creating an undue financial or administrative burden on the provider, nor fundamentally altering the nature of the housing program
Common Examples
- Waiving a no-pets policy for a service or emotional support animal
- Assigning a reserved parking space closer to a disabled tenant's unit
- Allowing a live-in aide who does not meet the lease's occupancy standard
- Permitting rent payment on a different day of the month due to the timing of disability benefit receipt
Sources
- 42 U.S.C. § 3604(f)(3)(B), Cornell LII —
cornell-lii - 24 CFR § 100.204, eCFR —
ecfr - HUD.gov: Reasonable Accommodations and Modifications —
hud-gov
Frequently asked questions
Statutory Authority
U.S.C. § 3604(f)(3)(B) makes it unlawful to refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
How is Reasonable Accommodation implemented?
CFR § 100.204 implements the reasonable accommodation requirement. The Joint Statement of HUD and DOJ on Reasonable Accommodations (2004) provides interpretive guidance on the scope of the obligation.
Elements of a Valid Accommodation Request
Disability: Requester must have a physical or mental impairment that substantially limits a major life activity Connection: The accommodation must be necessary to afford equal opportunity — there must be a relationship between the disability and the accommodation requested Reasonableness: The accommodation must be reasonable — not creating an undue financial or administrative burden on the provider, nor fundamentally altering the nature of the housing program
What are common examples of Reasonable Accommodation?
Waiving a no-pets policy for a service or emotional support animal Assigning a reserved parking space closer to a disabled tenant's unit Allowing a live-in aide who does not meet the lease's occupancy standard Permitting rent payment on a different day of the month due to the timing of disability benefit receipt
Sources
U.S.C. § 3604(f)(3)(B), Cornell LII — cornell-lii CFR § 100.204, eCFR — ecfr HUD.gov: Reasonable Accommodations and Modifications — hud-gov