Housing rights and access changes

ADA.gov says the Fair Housing Act covers private housing, housing that receives federal money, and state and local government housing. It covers renting, selling, lending, zoning, advertising, and the design of some new buildings.

The same ADA.gov guide says the ADA also covers state and local government activities, and public places such as hotels and stores. A private home is mainly a Fair Housing question. A hotel room is a public place under the ADA. Housing that gets federal money can have added duties under Section 504. HUD decides which law fits the building. This page does not make that decision for you.

HUD and the Justice Department say a reasonable accommodation is a change to a rule, policy, or service that a person needs because of a disability. Examples in their booklet include a reserved parking space and an assistance animal when the building has a no-pets rule.

You make the request when you make it clear that you need an exception because of a disability. You do not have to use the words "reasonable accommodation." A family member or someone else can ask for you. The law does not require a special form or a special time. A request can be spoken or written. The booklet says writing is usually helpful, and a provider must still consider a spoken request even if the provider prefers its own form.

A provider can say no if you do not have a disability-related need, or if the request is not reasonable. If the provider refuses because of cost or a basic change to how the building runs, the booklet says the provider should talk with you about another change that would work. You do not have to accept a substitute that does not meet the need if your own request is reasonable. That is the booklet's standard, not a prediction.

A reasonable modification is a structural change, such as a wider doorway, a ramp, or grab bars. ADA.gov says a landlord must allow a tenant with a disability to make a reasonable access change to the private living space and to common space. The landlord is not required to pay for it.

The federal rule says there has to be a connection between the change and the disability, and the change has to be reasonable. In a rental, the landlord may, where it is reasonable, ask you to agree to restore the inside of the unit when you move, except for ordinary wear. The landlord may ask for a reasonable description of the work, a reasonable promise that it will be done in a workmanlike way, and any required permits. The landlord may not raise the usual security deposit because of a disability. In some cases the landlord may negotiate money held aside for the cost of putting the unit back. Read the rule before you rely on this summary.

HUD says to report housing discrimination as soon as you can. Federal rules say HUD must receive the information within one year of the discrimination. If there is more than one act, or it is continuing, the one year runs from the last incident. The 2004 and 2008 joint statements say HUD investigates at no cost, and that a person may also file a lawsuit in federal court within two years of the denial. This page does not tell you whether to file, or which date applies to you.

You can call 1-800-669-9777, use the online report, or mail the Office of Fair Housing and Equal Opportunity. The joint statement lists the mail address as 451 Seventh Street, S.W., Room 5204, Washington, DC 20410. ADA.gov lists the TTY number 1-800-927-9275. Retaliation for reporting is illegal. HUD's current report page asks for as much detail as you can give.