Frequently Asked Questions (FAQs)

There are generally three Federal laws that require reasonable accommodations and reasonable modifications: The Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

Additional information on each of these laws is available here.

HUD also maintains a specific FAQ for Section 504, which is available here.

The Fair Housing Act

Generally, the Fair Housing Act applies to a broad range of persons and entities, including public housing agencies, property owners, landlords, housing managers, real estate agents, brokerage service agencies, and banks. Persons and entities covered by the Fair Housing Act are prohibited from discriminating against applicants or residents because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of their disability.

Under some specific exemptions from the Fair Housing Act, the requirement to provide reasonable accommodations may not apply. Those include a private individual owner who sells his/her/their home so long as: (1) they do not own more than three single-family homes; (2) do not use a real estate agent and do not employ any discriminatory advertising notices; (3) have not engaged in a similar sale of a home within a 24-month period; and (4) they are not in the business of selling or renting dwellings. The reasonable accommodation requirements under the Fair Housing Act also do not apply to owner-occupied dwellings that have four or fewer dwelling units.

For more information about the Fair Housing Act, visit Fair Housing Act Overview

Section 504 of the Rehabilitation Act of 1973 (Section 504)

Section 504 applies to any program or activity receiving Federal financial assistance from HUD. Section 504 prohibits discrimination against qualified individuals with disabilities, solely by reason of their disability. This means a qualified individual with a disability cannot be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 applies to all of a recipient’s programs and activities, including, for example: outreach and public contact, including contact with program applicants and participants; eligibility criteria; application process; admission to the program; tenancy, including eviction; service delivery; physical accessibility of facilities; employment policies and practices.

Under Section 504 and HUD’s Section 504 regulation, a “recipient” is a State or its political subdivision, any instrument of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which federal financial assistance is extended for any program or activity directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. Any subrecipient of federal financial assistance is considered a recipient for purposes of Section 504 compliance. An entity or person receiving housing assistance payments from a recipient on behalf of eligible families under a housing assistance payments program or a voucher program is not a recipient or sub-recipient merely by virtue of receipt of such payments.

Examples of the types of Federal financial assistance from HUD that trigger a recipient’s obligation to comply with Section 504 include, but are not limited to:

1. Community Development Block Grants (CDBG)

2. HOME Investment Partnerships (HOME)

3. Emergency Solutions Grants (ESG)

4. Housing Opportunities for Persons with AIDS (HOPWA)

5. Public Housing

6. Housing Choice Vouchers (Section 8)

7. Supportive Housing for Persons with Disabilities (Section 811)

8. Supportive Housing for the Elderly (Section 202)

9. Homeless Assistance Programs (Continuum of Care, other McKinney-Vento Programs)

10. Recipients of NOFA Funding

For additional information about the obligations of recipients under Section 504, visit Non-Discrimination in Housing and Community Development Programs or HUD's Section 504 FAQ

The Americans with Disabilities Act (ADA)

The ADA is a comprehensive civil rights law for persons with disabilities. Title II of the ADA prohibits discrimination on the basis of disability in all programs, services, and activities provided or made available by public entities (state and local governments and special purpose districts). This includes housing when the housing is provided or made available by a public entity regardless of whether the entity receives federal financial assistance. For example, housing covered by Title II of the ADA includes housing operated by public housing agencies that meet the ADA’s definition of “public entity,” and housing operated by States or units of local government, such as housing on a State university campus.

Title III of the ADA prohibits private entities that own, lease (to and from), and operate places of public accommodation from discriminating on the basis of disability and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with established accessibility standards. Public accommodations at housing developments include any public areas that are open to the general public, such as a rental office. Public accommodations would also include, for example, shelters and social service establishments.

For more information about the ADA, visit the Department of Justice ADA page

Under the Fair Housing Act, your housing provider can require you to remove any modifications that were approved, and can require you to pay for that, at the time you move out.

Under Section 504, your housing provider cannot require you to remove modifications or pay for the removal of modifications.

If your housing provider is covered by both the Fair Housing Act and Section 504, then they cannot require you to remove or pay for the removal of modifications at the time you move out.

Yes. In certain instances, it is possible that the Fair Housing Act, Section 504, and the ADA will all apply to you as a housing provider. This means that you are responsible for ensuring that you meet each of the statutes’ and regulations’ specific requirements because compliance with one law does not mean you have complied with all of the Federal disability laws.

If your housing development consists of more than four units and the owner of your housing development does not live at your housing development, your housing provider is likely covered by the Fair Housing Act.

If you reside in public housing, your housing provider is likely covered by the Fair Housing Act, Section 504, and the Americans with Disabilities Act. In rare instances, the Americans with Disabilities Act may not apply to public housing.

If you use a Section 8 Voucher, also known as a Housing Choice Voucher, a HUD-VASH voucher (for veterans), or another type of housing voucher, your housing provider is likely covered by the Fair Housing Act. The agency that administers your voucher, such as the public housing agency, is likely covered by the Fair Housing Act, Section 504, and the Americans with Disabilities Act. In rare instances, the Americans with Disabilities Act may not apply to public housing.

If you reside in publicly-subsidized housing, which can include housing for individuals with disabilities funded through HUD’s Section 811 program, housing for the elderly funded through HUD’s Section 202 program, or housing that is otherwise affordable, it is likely that your housing provider is covered by the Fair Housing Act and Section 504, and in certain cases the Americans with Disabilities Act will also apply.

If your housing was designed, constructed, built, or financed using Federal funds from HUD, your housing provider is likely covered by the Fair Housing Act and Section 504. In certain instances, the Americans with Disabilities Act will also apply.

In general, a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations. In other words, reasonable accommodations eliminate barriers that prevent persons with disabilities from fully participating in housing opportunities, including both private housing and in federally-assisted programs or activities.

The Federal disability laws use slightly different terminology to get at this concept as further explained below.

The Fair Housing Act

Under the Fair Housing Act, a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. The Fair Housing Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas.

Section 504

Under Section 504, the requirement to make reasonable accommodations applies to any changes that may be necessary to provide equal opportunity to participate in any federally-assisted program or activity. This includes a change, adaptation or modification to a policy, program, service, facility, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, live in housing, or perform a job. Reasonable accommodations also include any structural changes that may be necessary. Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. Under Section 504, reasonable accommodations must be provided and paid for by the housing provider unless providing them would be an undue financial and administrative burden or a fundamental alteration of the program. In such cases, the provider is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. In addition to the statutory requirement to make reasonable accommodations under Section 504, HUD's Section 504 regulation provides for making "housing adjustments" at 24 C.F.R. § 8.33.

The Americans with Disabilities Act

Titles II and III of the ADA require public entities and public accommodations to make reasonable modifications to policies, practices, or procedures to avoid discrimination. The ADA uses the term “reasonable modification” to apply to changes, exceptions, or adjustments to rules, policies, procedures, practices, or services.

Generally, a reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas.

Again, the Federal disability laws use slightly different terminology to get at this concept as further explained below.

The Fair Housing Act

Under the Fair Housing Act, a reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. Examples include the installation of a ramp into a building, lowering the entry threshold of a unit, or the installation of grab bars in a bathroom. Under the Fair Housing Act, prohibited discrimination includes a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.

Under the Fair Housing Act, there are design and construction requirements for covered properties irrespective of the requirement to provide reasonable modifications. Additional information on these physical accessibility requirements is available on the Physical Accessibility page

Section 504

Under Section 504, a housing provider is required to provide and pay for the structural modification as a reasonable accommodation, which is the term used by this law, unless it amounts to an undue financial and administrative burden or a fundamental alteration of the program. If an undue burden or fundamental alteration exists, the recipient is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. In such cases, the provider is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. In addition to the statutory requirement to make reasonable accommodations under Section 504, HUD's Section 504 regulation provides for making "housing adjustments" at 24 C.F.R. § 8.33.

Note: This requirement to accommodate an individual’s request for accessible features under Section 504 is separate from a recipient’s affirmative obligation to provide program access and to have an inventory of accessible units available for persons with disabilities. Additional information on these physical accessibility requirements is available on the Physical Accessibility page

The Americans with Disabilities Act

The ADA uses the term “reasonable modification” to refer to structural changes, in addition to changes, exceptions, or adjustments to rules, policies, practices, or services.

An individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. Examples of major life activities are activities such as seeing, hearing, speaking, walking, breathing, using your hands, bending, reaching, lifting, standing, sitting, caring for yourself (such as feeding and bathing), thinking, concentrating, paying attention, working, sleeping, learning, reading, writing, communicating, and interacting with others.

An individual’s disability can also affect major bodily functions. Examples of major bodily functions are functions that involve the immune system, special sense organs and skin, digestion, brain activity and neurological activity, respiratory system or breathing, systems such as the circulatory, endocrine, musculoskeletal, and reproductive systems.

Even though the word “major” is included, this is not a high standard you have to meet in order to be an individual with a disability.

An individual with a disability includes someone who has any of the following conditions: orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV) infection (whether symptomatic or not), intellectual or developmental disabilities, mental or psychological disorders, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, tuberculosis, drug addiction (other than addiction caused by current, illegal use of controlled substances), and alcoholism.

Finally, the Federal disability laws protect any individual who has a record of having an impairment or who is regarded as having an impairment.

It is important to keep in mind that some impairments may be invisible or hidden, while others are easily observed. Some examples of observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable effects, such as intellectual impairments (including some types of autism), neurological impairments (including stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions.

Some examples of invisible or hidden impairments include certain intellectual or developmental disabilities, such as learning disabilities, certain neurological conditions (including some types of autism, chronic migraine, sensory processing-related impairments), certain mental illnesses (including depression, anxiety, post-traumatic stress disorder), cancer that is in remission, multiple sclerosis, HIV/AIDS, heart disease, or diabetes.

In order for individuals with disabilities to have full access to housing, they may require reasonable accommodations or reasonable modifications so that they can have equal enjoyment of their homes.

If an individual with a disability cannot comply with a particular policy of a housing provider because of their disability, the failure to provide a reasonable accommodation could result not only in discrimination, but the individual potentially being evicted, resulting in additional complications when finding a new place to live.

If an individual with a disability experiences a barrier either in a public or common use area of a housing development or in their unit, they may be subject not only to discrimination, but certain barriers can result in serious injury or death if not removed so that an individual with disabilities can have equal enjoyment of their housing.

Finally, providing reasonable accommodations and reasonable modifications can assist individuals with disabilities maintain dignity and may prevent a housing provider from facing allegations that they discriminated because of an individual’s disability.

For purposes of reasonable accommodations and reasonable modifications in housing, a disability-related need is the way in which your environment and disability affects you. For example, if you are a wheelchair user and the only entrance to your housing development is up three steps and no ramp or lift are available, your disability-related need would be the need to be able to enter your housing development because you cannot get up the steps in your wheelchair. Another example might be that you are unable to work due to your disability and you receive SSI or SSDI as your only source of income, but your check does not arrive until the 8th or 9th of the month. As a result, your disability related need might be that you need to pay your rent on the 10th of the month instead of the 1st of the month because of when your income arrives. A third example of a disability-related need is if you are someone who has severe anxiety and cannot use elevators due to a past trauma that occurred. Your disability-related need might be that you require a unit on the first floor or a unit that can be easily accessed using an open stairwell to prevent an exacerbation of your anxiety.

Sometimes, disability-related needs are described as “functional limitations.” For more examples of disability-related needs and functional limitations, visit the Information for Individuals with Disabilities page.

It depends.

Reasonable accommodations that are changes, exceptions, or adjustments to policies, rules, procedures, or practices generally can be provided at little or no cost to you or your housing provider.

Under the Fair Housing Act, a housing provider is required to allow you to make reasonable modifications to the inside and outside of your dwelling and to public and common use areas around your housing development; but, your housing provider is not required to pay for those modifications and may require you to pay. Your housing provider may also require you to pay to undo the modification if and when you move out.

Under Section 504, housing providers cannot make you pay for reasonable accommodations that include structural modifications, unless the modification amounts to an undue administrative and financial burden or a fundamental alteration of the program. If an undue administrative and financial burden or fundamental alteration exist, your housing provider still has to provide any other reasonable accommodation up to the point that would not result in an undue administrative and financial burden on the particular recipient and/or is not a fundamental alteration of the program.

More information on undue administrative and financial burden can be found here.

More information about fundamental alterations can be found here.

If your housing provider is covered by both the Fair Housing Act and Section 504, your housing provider cannot require you to pay for reasonable accommodations or reasonable modifications, unless the modification amounts to an undue administrative and financial burden or a fundamental alteration of the program. Even then, your housing provider is still obligated to provide any other accommodations that would not result in either undue administrative and financial burden or a fundamental alteration of the program and cannot require you to pay for those.

Yes. Under all of the Federal disability laws, you may be entitled to a reasonable accommodation or reasonable modification so that you can access the public and common use areas of your housing development without barriers.

Under the Fair Housing Act, your housing provider can require you to remove any modifications that were approved, and can require you to pay for that, at the time you move out.

Under Section 504, your housing provider cannot require you to remove modifications or pay for the removal of modifications.

If your housing provider is covered by both the Fair Housing Act and Section 504, then they cannot require you to remove or pay for the removal of modifications at the time you move out.

If your housing provider is only covered by the Fair Housing Act, you may need to ask for a reasonable accommodation that can assist you in communicating with your housing provider, such as by requesting an interpreter, materials be provided in a certain format like large font, or other ways that would make it easier for you to communicate with your housing provider.

If your housing provider is covered by Section 504 and the Americans with Disabilities Act, your housing provider has a legal obligation to take appropriate steps to ensure effective communication with you. Effective communication is generally provided through the use of appropriate auxiliary aids and services, such as interpreters, computer-assisted real time transcription (CART), captioned videos with audible video description, visual alarm devices, a talking thermostat, accessible electronic communications and websites, documents in alternative formats (e.g., Braille, large print), or assistance in reading or completing a form, etc.

This requirement applies to all oral, written, audible, visual, and electronic communications, including letters, notices, emails, social media, internet websites, forms, leases, rules, and other written documents and electronic media, as well as oral communications that occur in person, over the telephone, over the internet, and in interviews, meetings, training classes, hearings, and public presentations, when communicating with an individual with a disability or when such communications are expected.

For more information about the requirement to ensure effective communication, visit the Effective Communication page.

If your housing provider is covered by the Fair Housing Act and Section 504 and/or the Americans with Disabilities Act, you are not required to request a reasonable accommodation and your housing provider is obligated to ensure that they effectively communicate with you.

An “undue administrative and financial burden" is when a requested accommodation or modification could result in administrative and financial burdens on a housing provider. The determination of whether a requested accommodation or modification presents an undue administrative and financial burden must be made on a case-by-case basis and involves a number of factors, such as the cost of the requested accommodation or modification, all of the resources available to the housing provider, the benefits that the requested accommodation or modification would have for the individual with a disability, and the availability of alternative accommodations that would effectively meet the individual’s disability-related needs. Whether an alternative accommodation effectively meets the individual’s need is a determination left to the individual, and is not one that can or should be made by a housing provider. This is because individuals with disabilities are generally in the best position to know what will and will not work for them because they know firsthand what functional limitations are posed by their disability. An individual with a disability is not required to accept an alternative accommodation if it will not meet their needs. If the requested accommodation presents an undue administrative and financial burden, the housing provider may not have to provide the accommodation or an alternative accommodation if the individual with a disability decides the alternative will not work for them.

A “fundamental alteration” is a change that would alter the essential nature of a housing provider’s operations. For instance, if a request is unrelated to the housing provider’s operations entirely, this could be a fundamental alteration and the housing provider would not have to grant that request.

For example, if you have a severe mobility disability and have trouble getting to and from the grocery store and you ask your housing provider to help you get to the store as a reasonable accommodation, your housing provider may be able to deny that request if they do not otherwise provide transportation or shopping assistance or services to its tenants. If the housing provider were to grant your request, this would be a fundamental alteration to their operations because they do not otherwise provide these types of services. However, your housing provider should discuss with you what other options might be available to effectively meet your needs and determine how they can assist, such as by providing a reasonable accommodation to allow a local volunteer organization to park near your unit, which would be an exception to the parking policy that does not allow for guest parking, so that a local volunteer can assist you.

The “interactive process” is the process that you and your housing provider might engage in if your requested accommodation or modification presents an undue administrative and financial burden or a fundamental alteration. Only if your requested accommodation or modification cannot be provided for one of those reasons should your housing provider engage in the interactive process. The interactive process typically consists of a back-and-forth between a housing provider and an individual with a disability so that the housing provider can better understand what the needs of the individual with a disability are so that they can offer alternative accommodations that might effectively meet the individual’s needs without posing an undue administrative and financial burden or fundamental alteration.

Engaging in discussions with your housing provider about your disability-related needs may help them think about the different options that might be available and might lead to an outcome that effectively meets your needs.

Even if your housing provider engages in the interactive process with you, you are not required to accept an alternative accommodation if it would not effectively meet your needs.

If an individual’s disability is known or obvious to the housing provider, and the requested accommodation is clearly related to the individual’s disability and does not present either undue administrative and financial burden or a fundamental alteration, the housing provider should promptly grant the accommodation, as there is no need for an interactive process under those circumstances.

Requests for reasonable accommodations and reasonable modifications should be granted without delay. There is no set or established deadline by which a housing provider must respond; however, in order to avoid allegations of discrimination housing providers should act quickly.

It is important to not delay a reasonable accommodation or reasonable modification because any delay could result not only in discrimination against an individual with a disability, but also could result in harm or injury to the individual.

Under Section 504, housing providers are required to administer their federally-funded programs and activities in a manner that is “readily accessible to and usable by individuals with disabilities.” This means that certain facilities must be accessible and individuals with disabilities should not need to request reasonable accommodations. Instead, the housing provider has the obligation to make sure that they are providing the required accessibility upfront, even if no request has been made. HUD’s Section 504 regulation specifies the requirements for this type of accessibility that must be provided, which include providing a minimum number of “designated accessible units” that are available to individuals with disabilities. There are two kinds of designated accessible units. First, there are units that are designed and constructed to be accessible to individuals with mobility impairments. Second, there are units that are designed and constructed to be accessible to individuals with sensory impairments. Generally, failing to provide designated accessible units, if the housing development and housing provider are covered by Section 504, is a violation of Section 504.

Even if a housing provider maintains the minimum required number of designated accessible units, it is possible that an applicant or tenant may require some, but not all of the features that are included in a designated accessible unit. If that individual does not reside in a designated accessible unit, they may request a reasonable accommodation to have certain features installed in their unit.

If you are a housing provider that is covered by the Fair Housing Act, and not Section 504, and your housing development is subject to the design and construction requirements under the Fair Housing Act, then certain accessibility features may be required in order to comply with the Fair Housing Act.

If you are a housing provider that is covered by both Section 504 and the Fair Housing Act, you are obligated to comply with the requirement to provide designated accessible units, and other required accessibility features, as well as the design and construction requirements of the Fair Housing Act.

For more information about designated accessible units and physical accessibility, visit the Physical Accessibility page.

Any qualified individual with a disability can request reasonable accommodations or reasonable modifications.

In addition, adults in a household can make requests for reasonable accommodations or reasonable modifications to accommodate a minor child’s disability.

Members of a household can also request reasonable accommodations and reasonable modifications on behalf of another member of the household.

Finally, anyone acting on behalf of an individual with a disability can request a reasonable accommodation or reasonable modification.

Reasonable accommodations and reasonable modifications can be requested at anytime.

Applicants for housing can also request reasonable accommodations and reasonable modifications with respect to the application process as well as their future housing.

Existing tenants or residents of a housing development can request reasonable accommodations and reasonable modifications at any time during their tenancy, including during an eviction process.

You can request a reasonable accommodation or reasonable modification in a number of different ways, but there is no required process or format that you have to use in order to make your request.

You can make your request in writing, but you are not required to do so. Your housing provider might have forms specifically for requesting reasonable accommodations and reasonable modifications. You may use a form provided by your housing provider, but they cannot require you to use the form in order for you to make a request.

You can make your request orally to any employee of your housing provider. It can be helpful though for you and your housing provider to have a record of your request, including when the request was made and to whom, what the request was, and what the response from your housing provider was. Even if you make your request orally, you might want to also document the request in writing with your housing provider.

If you are applying for or live in housing that is covered by Section 504, your housing provider is obligated to ask if you need a designated accessible unit, in addition to asking whether you need any reasonable accommodations. You do not have to wait for a housing provider to ask you if you need either a designated accessible unit or reasonable accommodations in order for you to ask for them. You may request these things at any time and may do so in writing or orally.

When you request a reasonable accommodation or reasonable modification, you will need to explain your disability-related need and why your request is connected to your disability-related need. For examples of how to explain disability-related needs and their connections to certain accommodations or modifications visit the Information for Individuals with Disabilities page.

Your request for a reasonable accommodation or reasonable modification should include what your disability-related need is (but you do not have to disclose any diagnosis or medical information) and how the accommodation or modification you are asking for would help make things easier for you, give you better or greater access, or otherwise allow you to fully participate in your housing providers programs, services, and activities.

More information about “disability-related needs” is located here.

No. As long as you tell your housing provider that you have a disability-related need and ask them to do something to help address that need you have asked for a reasonable accommodation and reasonable modification and your housing provider is required to treat it as such.

More information about “disability-related needs” is located here.

It depends.

If your housing provider is covered only by the by Fair Housing Act, yes, you must make a request for a reasonable accommodation or reasonable modification in order to receive one.

If your housing provider is covered by Section 504 or the ADA, your housing provider has to take certain proactive steps that require them to offer you reasonable accommodations if they have a reason to believe that you might need one. For instance, if you are applying for housing and your only source of income is SSI or SSDI and you tell your housing provider that your check arrives in the middle of the month, your housing provider may be required to offer you an accommodation to pay your rent on a date that is different from the first of the month.

However, even if your housing provider knows you have a disability, you are not required to wait for them to ask you if you need an accommodation. You may request an accommodation at any time in order to receive one.

Most reasonable accommodations can be granted almost immediately and there should not be significant delay. Some reasonable modifications may take a little longer, in part because they may require you or your housing provider to install a feature or remove a barrier.

If your disability is known or obvious to your housing provider and it is clear how your requested accommodation or modification is connected to your disability-related need, your housing provider, generally, should grant the request without delay.

Housing providers are required to promptly process requests for reasonable accommodations and reasonable modifications, but there is no set deadline or timeframe for them to respond to a request. Each request has to be handled on a case-by-case basis. However, housing providers that do not act promptly or if there is an unreasonable delay in either processing a request or providing the requested accommodation or modification, your housing provider may be in violation of one or more of the Federal disability laws.

In some instances, if a disability is not known or obvious to a housing provider and it is not clear how the accommodation or modification you request is related to your disability, your housing provider may need additional time to process your request because they might need some additional information. This is called “verification". The additional time your housing provider may need for the verification process is not necessarily a violation of the Federal disability laws, but could be a violation depending on how your housing provider implements that process, including what type of information they ask for. Additional information on “verification” is located here

No. Requests for reasonable accommodations and reasonable modifications can be in any format, which includes in writing, orally, by email, by text, or any other communication means you use to communicate with your housing provider.

While requests are not required to be in writing, it can be helpful for you and your housing provider to have a record of the request, including the date the request was made, what the request was, and how and when your housing provider responded to your request.

You may ask anyone who works for your housing provider for a reasonable accommodation or reasonable modification. However, you may want to make sure that you are asking someone who can assist you. For instance, if you need a change, exception, or adjustment to one of your housing provider’s policies, you may want to speak to the property manager, owner, landlord, or housing specialist and may not want to ask a member of the maintenance staff.

In some instances, housing providers may have specific staff that handle the processing of reasonable accommodation and reasonable modification requests. You may want to ask your housing provider if they have someone who coordinates those requests and ask that person for what you need.

No. You are not required to provide and your housing provider may not ask for your medical records if you ask for a reasonable accommodation or reasonable modification.

Maybe.

If your housing provider is only covered by the Fair Housing Act and you request a reasonable modification your housing provider can require you to pay for the modification and can also require you to pay to remove the modification when you move out. Under the Fair Housing Act, most reasonable accommodations have little or no cost associated with them and it is only in rare circumstances where you might have to pay for a reasonable accommodation.

If your housing provider is covered by Section 504, your housing provider is required to pay for reasonable accommodations, which include structural changes, unless the accommodation would result in an undue administrative and financial burden or a fundamental alteration of the housing provider’s operations. Even then, your housing provider must still pay for any accommodation that would not rise to the level of either an undue administrative and financial burden or a fundamental alteration.

FHEO enforces federal laws and establishes policies to ensure that all Americans have equal access to the housing of their choice.

You may request anything that will remove a barrier, make it easier for you to use your space, give you access to a part of your housing development you cannot access, you need an exception to a policy, or any other adjustment relating to your disability.

Examples of some common types of requests can be found on the Information for Individuals with Disabilities page.

What your housing provider can ask you about in terms of your disability, disability status, or disability related-needs likely will depend on which of the Federal disability laws that apply to your housing provider.

Fair Housing Act

Under the Fair Housing Act, if you have not asked for a reasonable accommodation or reasonable modification, your housing provider is not allowed to ask if an applicant for housing has a disability or if a person who is part of the household applying for housing or who will be living in the housing has a disability. Your housing provider is also not allowed to ask about the nature or severity of individuals’ disabilities. Your housing provider can ask you certain things, so long as your housing provider asks these questions of everyone, not only individuals with disabilities, who is applying for housing. More information on what housing providers can and cannot ask if you have not requested a reasonable accommodation or reasonable modification is included in the Joint Statement of HUD and DOJ on Reasonable Accommodations and the Joint Statement of HUD and DOJ on Reasonable Modifications.

Under the Fair Housing Act, if you have asked for a reasonable accommodation or reasonable modification, your housing provider is allowed to ask you for information that would help them understand why what you are requesting might be needed because of your disability. If your disability is obvious or known to your housing provider, your housing provider is not allowed to ask for more information about your disability or disability-related need for what you are asking for. In some cases, it is possible that your disability might be known, but your housing provider does not understand the need for what you are asking for, then they can ask only for the limited information that might be needed for them to assess the disability-related need for the accommodation or modification you are asking for. More information on what housing providers can and cannot ask if you have requested a reasonable accommodation or reasonable modification is included in the Joint Statement of HUD and DOJ on Reasonable Accommodations and the Joint Statement of HUD and DOJ on Reasonable Modifications.

Section 504

Under Section 504, housing providers have certain obligations that they do not have under the Fair Housing Act, such as the obligation to have, maintain, and make available designated accessible units and to ensure effective communication with individuals with disabilities. In order to determine whether someone might need the housing provider to make those things available, the housing provider might need to ask if you need either a designated accessible unit or if you prefer to be communicated with in a certain way. However, you are still entitled to ask for a reasonable accommodation even if your housing provider has not asked you if you need one. Once you have asked for an accommodation, your housing provider cannot ask you to provide medical records or disclose a diagnosis. Like under the Fair Housing Act, if a disability is obvious or known to your housing provider and the need for the accommodation is clear, then your housing provider cannot ask for more information. In the event that the disability-related need is not obvious or known, then your housing provider may seek “verification.”

Americans with Disabilities Act

Under the ADA, a public entity cannot ask you certain things about your disability. For instance, if you use a wheelchair, a public entity is not allowed to ask you about the nature or extent of your disability.

If your housing provider is covered by Section 504 in addition to the Fair Housing Act, then they are permitted to ask you if you need certain accessible features, such as those contained in designated accessible units, or how you prefer to be communicated with, even if you have not requested a reasonable accommodation or reasonable modification.

Yes. In order to have full and equal enjoyment of your housing, you must have access to all parts of the housing development, not only your particular unit.

If your housing provider is covered by Section 504 or is required to comply with the design and construction requirements of the Fair Housing Act, then certain public and common use areas are required to be accessible, meaning they are required to meet certain architectural standards. However, even if a housing development meets those standards, an individual with a disability may have a specific need that is not met by those accessibility features and can still request a reasonable accommodation or reasonable modification, even if the housing provider believes its housing development complies with the accessibility standards under the Federal disability laws.

You are welcome to create forms and policies relating to reasonable accommodations and reasonable modifications as a housing provider, however you cannot require that applicants or tenants request reasonable accommodations or reasonable modifications using your forms or according to the steps your policy sets out.

Having a procedure or policy for reasonable accommodations and reasonable modifications can be helpful, but you cannot ignore, refuse, or deny a request because the individual did not follow your policy or use your forms.

A reasonable accommodation or reasonable modification request should generally include a statement of a disability-related need and how the requested accommodation or modification would meet that need.

If an individual’s disability is known or obvious to you, and their requested accommodation or modification is clearly connected to their disability, then you may not request any additional information.

If an individual’s disability or disability-related need is not known or obvious, then you may seek only the information that would be necessary to confirm that the requested accommodation or modification would meet the disability-related need. This is done through a process called “verification.” More information about verification is located here.

You cannot require that an individual disclose a particular diagnosis or provide you with medical records in connection with a request for a reasonable accommodation or reasonable modification.

Yes. All of the Federal disability laws apply not only to existing residents or tenants, but also to applicants for housing. This includes making reasonable accommodations to your application processes. For instance, if you require applicants to apply for housing by physically coming to your rental office, you may need to provide an exception to that policy for an individual who is not able to come to your rental office due to their disability.

In general, housing providers should act expeditiously once they receive a request for a reasonable accommodation or reasonable modification. Requests must be handled on a case-by-case basis and there is not a specific deadline by which you must process a request; however, delays, even if the request is ultimately granted, can result in liability under the Federal disability laws.

Many reasonable accommodation requests, particularly when they involve a change, exception, or adjustment to a policy can be granted and implemented very quickly. Reasonable modifications or accommodations that require structural changes might require some additional time to implement, but should not be delayed. Delaying a reasonable modification or accommodation, such as the installation of grab bars, could result in serious injury or death if an individual with a disability is put in a position to have to continue to use an inaccessible bathroom until the grab bars can be installed.

No.

If you are a housing provider who is covered by Section 504, in certain circumstances, you may be required to provide reasonable accommodations to individuals who have not specifically asked for them. If you have reason to believe an accommodation is necessary or the need for an accommodation is obvious, under Section 504 you are obligated to then offer an accommodation. In addition, a person with a disability will be considered to have asked for an accommodation if they indicate that a change or exception to a policy, practice, or procedure or a modification would assist them in making more effective use of his or her housing, even if the words reasonable accommodation are not used as part of the request. Sometimes the circumstances will dictate the need for accommodation.

Under the Fair Housing Act, you are not required to provide reasonable accommodations or reasonable modifications if there is not a request made.

If you are covered by both the Fair Housing Act and Section 504, the requirements of Section 504 will apply, and you may be required to provide reasonable accommodations absent a request.

No. In general, reasonable accommodations and reasonable modifications can be requested by asking anyone who works for you. However, some housing providers have specific staff who are responsible for processing these requests, which are sometimes called “reasonable accommodation coordinators,” “Section 504 coordinators,” or “ADA coordinators.” Even if you have a coordinator, individuals with disabilities may make their request of anyone and the staff who receive the request should then make sure that it is promptly sent to the coordinator.

No. Requests must be processed regardless of the format in which they are made. However, it can be helpful for both the individual making the request and the housing provider to have a record of the request, including the date the request was made, what was asked for, and what the housing provider’s response is. Even if a request is made orally, housing providers may choose to reduce those requests to writing and provide copies to the individual making the request to ensure that the request was captured accurately.

If you are a housing provider that is only covered by the Fair Housing Act, you are not obligated to offer an accommodation or modification if an applicant or tenant has not requested one.

If you are a housing provider covered by Section 504, you do have an obligation to offer accommodations if you know of a disability-related need that is not being met.

If you are a housing provider covered by both the Fair Housing Act and Section 504, the requirements of Section 504 will apply, and you will generally be required to offer accommodations even when a request has not been made.

Some disabilities are not clearly observable and are instead invisible or hidden. If an applicant’s or tenant’s disability is not obvious or is a hidden or invisible disability, and they ask for an accommodation, you are permitted only to ask for the information that is necessary to confirm that the applicant or tenant is an individual with a disability and that the requested accommodation or modification is connected to the disability-related need. You may not ask the individual to tell you about a specific diagnosis and you may not request medical records. You may engage in a process called “verification” in order to confirm the need for the requested accommodation. More information about verification is located here.

If you are a housing provider that is covered by the Fair Housing Act, the only time you may inquire about an individual’s disability status is after they have requested an accommodation or modification and their disability is not known or obvious. This must be done through the verification process. More information about verification is located here.

If you are a housing provider that is covered by Section 504, because you have obligations to ensure that your programs and activities are administered in a manner, when viewed in their entirety, that are readily accessible to and usable by individuals with disabilities, you may inquire about individuals’ needs at the time they apply for housing or during annual recertifications. This does not mean you can ask someone if they have a disability. Instead, you are obligated to offer designated accessible units or inquire whether individuals need accessible features in their units. Because you are also obligated to ensure effective communication with individuals with disabilities, you may ask what communication methods they prefer. If you receive a request for a reasonable accommodation and the individual’s disability is not known or obvious, you may engage in the verification process in order to confirm the need for the accommodation. More information about verification is located here.

If you are a housing provider that is covered by both the Fair Housing Act and Section 504, you must comply with your obligations under Section 504 to ensure that your programs and activities are administered in a manner, when viewed in their entirety, that are readily accessible to and usable by individuals with disabilities.

You should only engage in the interactive process if the individual with a disability requests an accommodation or modification that presents an undue administrative and financial burden (when considering all resources available to you) and/or a fundamental alteration to your operations. At this point, you must engage with the individual to determine whether there are any alternative accommodations that you are able to provide that would effectively meet the individual’s disability-related needs. When engaging in the interactive process, it is important to remember that individuals with disabilities are generally in the best position to know what will and will not work for them.

If an individual with a disability requests a reasonable accommodation or reasonable modification, and their disability is known or obvious to you, and the requested accommodation or modification is connected to their disability-related need, you should not engage in the interactive process if the request does not present an undue administrative and financial burden (when considering all resources available to you) and/or a fundamental alteration to your operations. There may be situations where the requested accommodation is not an undue administrative and financial burden (when considering all resources available to you) and/or a fundamental alteration to your operations, but there is an alternative that would be equally effective in meeting the individual’s disability-related need. In this situation, you may discuss with the individual whether they would be willing to accept the alternative. If the individual chooses not to accept the alternative, then the original request should be granted.

First, the interactive process should not be adversarial. The purpose of the interactive process is for the housing provider and the individual with a disability to have a discussion about the individual’s disability-related needs in order to better understand those needs so that they can work together to assess the alternative accommodations that may be available that would be effective in meeting the individual’s disability-related needs.

Second, to facilitate the interactive process, it can be helpful to approach the discussion with compassion and a demonstration that the individual’s disability-related needs are important, valid, and must be met. Put differently, recognizing the dignity interest that individuals with disabilities have in being treated fairly and equally can go a long way toward a productive discussion that resolves the issue.

Finally, approaching the interactive process as a way to find an effective solution to an issue, rather than a burden or just a legal requirement, can lead to a more open and productive discussion.

Whether you are responsible for the cost of providing a reasonable accommodation or reasonable modification will depend on which of the Federal disability laws apply to you.

Fair Housing Act

Under the Fair Housing Act, if a reasonable modification is requested, you must permit the individual to make the modification, but can require that they pay for it. If the request is for a modification for a feature that should have been included in the unit or public or common use area when the housing was constructed (meaning the design and construction requirements of the Fair Housing Act, which apply to certain multifamily dwellings built for first occupancy since 1991), you may be responsible for providing the modification as well as paying for the modification. Even if your housing is not subject to the Fair Housing Act’s design and construction requirements because it was built prior to 1991, tenants may still request reasonable modifications, but it would be the tenant’s responsibility to pay for the modification.

If you want specific materials to be used for the modification, and those materials are more costly than what the tenant was planning to pay for, then you are obligated to pay for the additional costs and make sure the individual does not object to the use of the materials.

You also may require a tenant to restore their dwelling unit where it is reasonable to do so by removing modifications made during the tenancy at the time the tenant moves out and the tenant must pay for the removal. However, if the next tenant wishes to keep the modifications made, and it is reasonable for them to keep them, then the new tenant may bear the responsibility of paying to remove the modification at the time their tenancy ends.

You may not require an individual with a disability to pay extra fees of any kind, including an increased security deposit, as a condition of receiving a reasonable accommodation. Additional information about who is required to pay for reasonable modifications can be found in the Joint Statement of the Department of Housing and Urban Development and the Department of Justice on Reasonable Modifications under the Fair Housing Act.

Likewise, under the Fair Housing Act, you may not charge extra fees or require additional deposits from applicants or residents with disabilities as a condition of granting a reasonable accommodation. Additional information about who is required to pay for reasonable accommodations can be found in the Joint Statement of the Department of Housing and Urban Development and the Department of Justice on Reasonable Accommodations under the Fair Housing Act.

Section 504

Under Section 504, you are responsible for paying the cost of reasonable accommodations, including those that require structural changes to units or public or common use areas and you cannot require an applicant or tenant to pay. You also may not charge an applicant or tenant additional fees or extra deposits as a condition of granting a reasonable accommodation.

If you are a housing provider that is covered by both the Fair Housing Act and Section 504, the requirements of Section 504 will apply and you cannot require an applicant or tenant to pay for the cost of a reasonable accommodation.

In general, a reasonable accommodation or reasonable modification could be a fundamental alteration if it would change the nature of your operations or program. This means that the accommodation or modification would be outside the scope of your operations or program.

It is important to note that if you are a housing provider with a “no pets” policy, it would not be considered a fundamental alteration for you to provide a reasonable accommodation to allow an assistance animal.

The determination of whether a requested accommodation or modification is an undue administrative and financial burden requires a consideration of all of the resources (financial, personnel, property, etc.) available to you. In addition, determining whether a requested accommodation or modification is an undue administrative and financial burden must be done on a case-by-case basis, that involves a number of different factors such as the cost of the requested accommodation or modification, all of the resources available to you, the benefits that the requested accommodation or modification would have for the individual with a disability, and the availability of alternative accommodations that would effectively meet the individual’s disability-related needs.

Yes. Even if you cannot provide the preferred, requested accommodation or modification because it is an undue administrative and financial burden and/or a fundamental alteration, you are still obligated to provide any effective accommodation or modification up to the point that would not rise to an undue administrative and financial burden and/or fundamental alteration. In addition, you must engage in the interactive process to determine what alternative accommodations or modifications might effectively meet the disability-related needs of the individual.

In general, individuals with disabilities are in the best position to know what will and will not work for them and will have the most accurate knowledge about the functional limitations posed by their disability. While you may offer alternative accommodations or modifications, an individual with a disability is not required to accept the alternative and you are generally required to provide the preferred accommodation or modification so long as it does not pose an undue administrative and financial burden and/or a fundamental alteration. Second guessing the needs of an individual with a disability, which could result in the failure to provide reasonable accommodations or reasonable modifications that are required by law could be a form of discrimination and may impact the individual’s dignity.

“Verification” is the process that housing providers may use when a disability is not known or obvious (or is invisible or hidden) in order to determine the disability-related need for a requested accommodation or modification. The purpose of verification is to determine whether the person requesting an accommodation or modification meets the definition of a person with a disability under the applicable Federal disability law, to obtain information that describes the need for the accommodation or modification, and to obtain information that shows the connection or relationship between the individual’s disability and the need for the requested accommodation or modification.

Verification should never include requests for medical records or require an individual to disclose a diagnosis.

No. You may only seek verification if the individual’s disability or disability-related need is not known or obvious. If an individual’s disability or disability-related need and the requested accommodation or modification does not pose an undue administrative and financial burden and/or fundamental alteration, then no additional inquiries should be made, and the request should be promptly granted.

Yes. In fact, in many instances you may be able to verify your disability yourself. For instance, if you are under 65-years of age and you receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits you will meet the definition of an individual with a disability.

If you do not receive SSI or SSDI and your disability is not known or obvious or your disability-related need for the requested accommodation or modification is not known or obvious, then you may ask a doctor (including psychiatrists), other medical professional, such as an optometrist, physician’s assistant, nurse practitioner, nurse, or psychologist, a member of a peer support group, a non-medical service agency, or a reliable third party to provide verification to your housing provider.

Remember, information given to your housing provider that relates to your disability must be kept confidential and must not be shared with others unless they need the information in order to make a decision about whether to grant a request for a reasonable accommodation or reasonable modification or if they are required to disclose the information by law (such as if a court issues a subpoena requiring disclosure).

No. If your disability or disability-related need is known or obvious and what you are asking for as an accommodation or modification does not pose an undue administrative and financial burden and/or fundamental alteration, then no additional inquiries should be made and your housing provider should promptly grant your request.

A doctor (including psychiatrists), other medical professional, such as an optometrist, physician’s assistant, nurse practitioner, nurse, or psychologist, a member of a peer support group, a non-medical service agency, or a reliable third party can provide verification to your housing provider.

No. Your housing provider may provide forms for this purpose, but you are not required to use them. Your housing provider also cannot require that the verification be notarized, include statements made under penalty of perjury, or the disclosure of your diagnosis or other detailed information about your physical or mental impairments. Housing providers and HUD will expect professionals to provide accurate information to the best of their personal knowledge, consistent with their professional obligations.

The person verifying your disability and/or disability-related need may simply write a letter that includes the limited, necessary information. Some best practices for what to include in a verification letter include: the relationship to the individual requesting an accommodation or modification, whether the individual has a physical or mental impairment, whether the individual’s physical or mental impairment substantially limits one or more life activities or major bodily functions, and whether the individual needs the accommodation or modification requested because the accommodation or modification would alleviate a symptom or effect of the individual’s disability, allowing them to have equal enjoyment of their housing, or be able to fully participate in or benefit from the program.

Yes. If an individual’s disability or disability-related need is known or obvious and what they are asking for as an accommodation or modification does not pose an undue administrative and financial burden and/or fundamental alteration, then no additional inquiries should be made, and the request should be promptly granted.

In many instances, if an individual’s disability or disability-related need is known or obvious and what they are asking for as an accommodation or modification does not pose an undue administrative and financial burden and/or fundamental alteration and a housing provider seeks verification or otherwise delays providing the requested accommodation or modification, the housing provider may be subject to liability under one or more of the Federal disability laws.

There are two types of “assistance animals”: (1) service animals; and (2) other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.

An animal that qualifies as an assistance animal is not a pet.

Under the Americans with Disabilities Act, a “service animal” is a dog that is individually trained to do work or perform tasks for an individual with a disability. Service animals, in general, must be permitted to go with individuals with disabilities in areas where members of the public are allowed to go. More information about service animals is available on the Department of Justice’s Service Animals fact sheet.

Under the Fair Housing Act, an “assistance animal” is an animal that is trained or untrained to do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.

No.

Assistance animals that are service animals are dogs.

Other types of assistance animals can include animals commonly kept in households, such as dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish, turtles, or other small, domesticated animals that are traditionally kept in the home for pleasure, rather than commercial purposes. In some instances, other unique animals may be assistance animals. Other types of unique assistance animals may be requested, for example, if the individual with a disability has an allergy to dogs or cats, and without the animal the individual’s disability will be significantly increased; however, in general reptiles (other than turtles), barnyard animals, monkeys, kangaroos, and other non-domesticated animals are not considered common household animals, though may be unique animals for which a reasonable accommodation could be provided. For instance, a capuchin monkey may be an assistance animal because it can be individually trained to perform specific manual tasks to assist individuals with mobility impairments affecting the use of their hands, such as unscrewing the cap of a water bottle, a task a dog could not perform.

The Federal disability laws require housing providers to modify or make exceptions to policies that apply to animals when it may be necessary for an individual with a disability to have an animal as a reasonable accommodation.

For purposes of a service animal, HUD interprets the Fair Housing Act to require access for individuals who use service animals and housing providers should follow the analysis that the Department of Justice has determined is used for assessing whether an animal is a service animal under the ADA. Additional information about the analysis under the ADA can be found on the Department of Justice’s Service Animals fact sheet and in HUD’s Guidance on Assistance Animals.

Under the Fair Housing Act, if your animal is an assistance animal that may be necessary in your housing, your housing provider has to comply with the requirements to make and provide reasonable accommodations. For that reason, if you need an assistance animal in your housing to alleviate a symptom or effect of your disability you will likely need to request a reasonable accommodation.

In addition, the obligation to make reasonable accommodations to allow individuals with disabilities to have assistance animals may apply to a local government’s land use and zoning law, a Homeowner’s Association (HOA) rule, or a co-op rule.

If the animal is a service animal under the ADA, the dog will have special training to do work or perform tasks for the individual with a disability. However, a housing provider cannot require an individual with a disability to produce medical documentation, a special identification or training card for the dog, or ask that the dog demonstrate its ability to perform work. Additional information about service animals can be found on the Department of Justice’s Service Animals fact sheet.

Other types of assistance animals that are not service animals may be trained or untrained.

While some websites sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual asks for a reasonable accommodation and their disability or disability-related need is not known or obvious. In HUD’s experience, such documentation from the internet is not, by itself, enough to reliably verify that an individual has an invisible or hidden disability or disability related need for an assistance animal. However, many legitimate, licensed health care professionals deliver services remotely, including over the internet. One reliable form of documentation to verify a disability or disability-related need for an assistance animal is a note from the individual’s health care professional that confirms the information when the health care provider has personal knowledge of the individual. Additional information can be found in HUD’s Guidance on Assistance Animals.

Under the Fair Housing Act and Section 504, a housing provider may request verification when an individual asks to have an assistance animal as a reasonable accommodation only if their disability or disability-related need is not known or obvious.

There are certain circumstances when a housing provider may deny a request for an assistance animal as a reasonable accommodation. For instance, if the individual’s disability or disability-related need is not known or obvious and the housing provider asks for verification, if verification is not provided, this could be a reason to deny the request. However, before the request is denied, the housing provider is encouraged to engage in a good-faith dialogue with the individual, referred to as the “ interactive process.” Through the interactive process, it may be possible for the housing provider to better understand the disability-related need for the assistance animal such that the request can be granted.

No. Housing providers cannot require you to pay an extra fee or security deposit as a condition for receiving a reasonable accommodation that allows you to have an assistance animal in your home. However, if your assistance animal causes damage and it is your housing provider’s usual practice to charge for damage caused by tenants (or deduct it from the standard security deposits imposed on all tenants), then your housing provider may charge you for such damage.

No. Because assistance animals are not pets, any pet rules that place restrictions on breed, size, or weight of an animal do not apply to assistance animals. However, you may place restrictions on a particular animal due to specific issues with the animal’s conduct if the animal poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the individual takes to maintain or control the animal (such as keeping the animal in a secure enclosure) or fundamental alteration.

Yes. You are responsible for caring for (such as feeding, maintaining, providing veterinary care), controlling, and cleaning up after your assistance animal. The individual may do this on their own or with the assistance of family, friends, volunteers, or service providers.

It is possible to have a disability-related need for more than one animal. It is also possible that two individuals living together may have different needs for different animals, such that more than one animal is requested to be permitted in their unit as a reasonable accommodation. Whether an individual is requesting a reasonable accommodation for one assistance animal or more than one assistance animal, the analysis that housing providers use to determine whether to grant the request is the same.

HUD’s Guidance on Assistance Animals can be found here. The Department of Justice’s Fact Sheet on Service Animals can be found here.

In general, a housing provider may be able to deny a request for a reasonable modification under the following circumstances: 1) the request presents an undue administrative and financial burden (considering all resources available to the housing provider); 2) the request is a fundamental alteration to the housing provider’s operations or program; 3) there is not a connection between the requested accommodation or modification and the individual’s disability-related need; or 4) the individual is not an individual with a disability.

However, if a housing provider seeks to deny a request because it is either an undue administrative and financial burden or a fundamental alteration, the housing provider is still obligated to engage in an interactive process with the individual requesting the accommodation or modification and provide alternative accommodations that would effectively meet the individual’s disability-related needs that do not present either an undue administrative and financial burden or a fundamental alteration.

If a housing provider seeks to deny a request because they do not believe there is a connection between the requested accommodation or modification and the individual’s disability-related need, the housing provider may still be obligated to engage in the interactive process and may need to seek verification, both of which could lead to the housing provider obtaining additional information that could allow the housing provider to grant the request.

If your request for a reasonable accommodation or reasonable modification was denied you may file a complaint with HUD or with a local Fair Housing Assistance Program (FHAP) organization.

You may seek out the assistance of a local advocate or attorney who may be able to assist you in appealing the decision of your housing provider. Some examples of organizations that may be able to help include:

• Legal Aid – Legal Aid is a network of 132 non-profits that provide legal aid to low-income individuals, and may be able to assist you with fair housing and other civil rights-related issues.
• State Protection and Advocacy Systems (As) – As advocate on behalf of individuals with disabilities at the State and local level. There are 57 As in the U.S. and its territories. As provide legal support to traditionally unserved or underserved populations to help them navigate the legal system to achieve resolution and encourage systems change. As ensure that individuals with disabilities are able to exercise their rights to make choices, contribute to society, and live independently.
• Centers for Independent Living (CILs) – CILs are organizations that are designed and operated by individuals with disabilities and work to support community living and independence for individuals with disabilities based on the belief that all people can live with dignity, make their own choices, and participate fully in society. These programs provide tools, resources, and support for integrating individuals with disabilities into their communities, promote equal opportunities, self-determination, and respect.
• ADA National Network – The ADA National Network consists of 10 regional ADA Centers throughout the United States and they provide local assistance and foster implementation of the ADA.

You may also file a lawsuit against your housing provider alleging violations of whichever Federal disability laws apply (the Fair Housing Act, Section 504, and/or the ADA) as well as violations of State or local law that may provide protection for individuals with disabilities.

Not necessarily. You are never required to accept an alternative accommodation that will not work for you. If your requested accommodation is neither an undue administrative and financial burden nor a fundamental alteration, and your housing provider still offers you alternative accommodations that do not work for you, and you say you would like your preferred accommodation that you originally requested, your housing provider should generally grant that request.

Under the Fair Housing Act, you may be required to pay for a reasonable modification.

Under Section 504, if your housing provider insists that you pay for a reasonable accommodation, they have violated their obligations under Section 504. This is not technically a denial, but could be treated as one and you could be entitled to relief.

Not necessarily. If you deny a request because it is either an undue administrative and financial burden or a fundamental alteration and you engage in a good-faith interactive process, the denial may be permissible.

If you deny a request without considering what the request is, you deny the request because you do not believe the individual requires the accommodation they are requesting (even after obtaining verification), or you insist that the individual accept a different accommodation, even though their original request is not an undue administrative and financial burden or a fundamental alteration, then you may be subject to liability under the Federal disability laws.

Your housing provider is obligated to respond to requests for reasonable accommodations and reasonable modifications promptly. If you have not received a response from your housing provider, the first thing to do is to follow up with them to confirm they received your request. In some instances, housing providers may receive a lot of requests and may just need a little more time to process your request. If your housing provider ultimately never follows up with you about your request, this is what is known as a “constructive denial.” If you believe there has been a “constructive denial” you may file a complaint with HUD or with a local Fair Housing Assistance Program (FHAP) organization.

You may seek out the assistance of a local advocate or attorney who may be able to assist you in appealing the decision of your housing provider. Some examples of organizations that may be able to help include:

• Legal Aid – Legal Aid is a network of 132 non-profits that provide legal aid to low-income individuals, and may be able to assist you with fair housing and other civil rights-related issues.
• State Protection and Advocacy Systems (As) – As advocate on behalf of individuals with disabilities at the State and local level. There are 57 As in the U.S. and its territories. As provide legal support to traditionally unserved or underserved populations to help them navigate the legal system to achieve resolution and encourage systems change. As ensure that individuals with disabilities are able to exercise their rights to make choices, contribute to society, and live independently.
• Centers for Independent Living (CILs)– CILs are organizations that are designed and operated by individuals with disabilities and work to support community living and independence for individuals with disabilities based on the belief that all people can live with dignity, make their own choices, and participate fully in society. These programs provide tools, resources, and support for integrating individuals with disabilities into their communities, promote equal opportunities, self-determination, and respect.
• ADA National Network – The ADA National Network consists of 10 regional ADA Centers throughout the United States and they provide local assistance and foster implementation of the ADA.

You may also file a lawsuit against your housing provider alleging violations of whichever Federal disability laws apply (the Fair Housing Act, Section 504, and/or the ADA) as well as violations of State or local law that may provide protection for individuals with disabilities.

If you believe you were discriminated against when you requested a reasonable accommodation or reasonable modification you may file a complaint with HUD or with a local Fair Housing Assistance Program (FHAP) organization.

You may also contact a local fair housing organization that is funded by HUD through the Fair Housing Initiatives Program (FHIP). FHIPs may be able to assist you by:

• Writing to or speaking with your housing provider about their legal obligations to provide reasonable accommodations
• Reviewing your request to make sure you have provided enough information for your housing provider to be able to grant the request
• Assisting you with the verification process
• Filing a fair housing discrimination complaint with HUD or a State or local fair housing agency
• Filing a housing discrimination lawsuit in Federal or State court.

You may seek out the assistance of other local organizations and non-profits, local advocates, or an attorney who may be able to assist you. These organizations include, for example:

• Legal Aid – Legal Aid is a network of 132 non-profits that provide legal aid to low-income individuals, and may be able to assist you with fair housing and other civil rights-related issues.
• State Protection and Advocacy Systems (P&As)– P&As advocate on behalf of individuals with disabilities at the State and local level. There are 57 P&As in the U.S. and its territories. P&As provide legal support to traditionally unserved or underserved populations to help them navigate the legal system to achieve resolution and encourage systems change. P&As ensure that individuals with disabilities are able to exercise their rights to make choices, contribute to society, and live independently.
• Centers for Independent Living (CILs) – CILs are organizations that are designed and operated by individuals with disabilities and work to support community living and independence for individuals with disabilities based on the belief that all people can live with dignity, make their own choices, and participate fully in society. These programs provide tools, resources, and support for integrating individuals with disabilities into their communities, promote equal opportunities, self-determination, and respect.
• ADA National Network – The ADA National Network consists of 10 regional ADA Centers throughout the United States and they provide local assistance and foster implementation of the ADA.

You may also file a lawsuit against your housing provider alleging violations of whichever Federal disability laws apply (the Fair Housing Act, Section 504, and/or the ADA) as well as violations of State or local law that may provide protection for individuals with disabilities

Information about how HUD processes complaints and investigates allegations of discrimination is located on FHEO’s Complaint and Investigation process page.

If your housing provider has sought verification of your disability or disability-related need, you may ask the person providing verification to give your housing provider information that can help them understand your need for the requested accommodation or modification.

There may also be local advocates or attorneys who may be able to assist you in obtaining a reasonable accommodation or reasonable modification. Types of organizations that might be able to assist you include, but are not limited to:

• Legal Aid – Legal Aid is a network of 132 non-profits that provide legal aid to low-income individuals, and may be able to assist you with fair housing and other civil rights-related issues.
• State Protection and Advocacy Systems (P&As) – P&As advocate on behalf of individuals with disabilities at the State and local level. There are 57 P&As in the U.S. and its territories. P&As provide legal support to traditionally unserved or underserved populations to help them navigate the legal system to achieve resolution and encourage systems change. P&As ensure that individuals with disabilities are able to exercise their rights to make choices, contribute to society, and live independently.
• Centers for Independent Living (CILs) – CILs are organizations that are designed and operated by individuals with disabilities and work to support community living and independence for individuals with disabilities based on the belief that all people can live with dignity, make their own choices, and participate fully in society. These programs provide tools, resources, and support for integrating individuals with disabilities into their communities, promote equal opportunities, self-determination, and respect.
• ADA National Network – The ADA National Network consists of 10 regional ADA Centers throughout the United States, and they provide local assistance and foster implementation of the ADA.

If your disability or disability-related need is known or obvious, and your housing provider has asked for verification, it should not matter that you cannot get someone to verify your disability or disability-related need because no verification is necessary in this case.

If verification is needed because your disability or disability-related need is not known or obvious (is hidden or invisible), any reliable third party can provide verification.

Information about what HUD can to do assist you is located on FHEO’s Complaint and Investigation process page.

You may also seek HUD’s assistance before filing a complaint. Information about what HUD can do to assist you before you file a complaint is located on the Get Help Before Filing a Complaint page.