Who is Responsible for Paying for Reasonable Modifications to a Rental Premises?

Being a landlord or property manager can be a bit intimidating because of the complexities of the law, including laws related to disabilities and reasonable accomodations or modifications such as the Fair Housing Act, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. This article only discusses reasonable modifications, not reasonable accommodations.

To distinguish between the two, a "reasonable accommodation" refers to a property owner or manager's change in a policy, practice, or rule to allow someone with a disability to participate equally, while a "reasonable modification" is a property owner or manager's physical change to a structure or dwelling, like installing ramps or widening doorways, to enable a person with a disability to fully access and use the space.

Generally, there are three different laws that may or may not apply to a property owner or manager depending on the type of property at issue. Those three laws are the state and federal Fair Housing Act, the Rehabilitation Act of 1973, and the Americans with Disabilities Act. Both the Rehabilitiation Act and the Americans with Disabilities Act require the property owner or manager to bear the cost of a reasonable modification to the premises so long as it is not an undue burden, while the Fair Housing Act places such burden on the tenant.

Section 504 of the Rehabilitation Act only applies to programs or activities that receive federal financial help (29 U.S.C.A. § 794). Therefore, a private property owner or manager who is not receiving federal funding does not have to follow the requirements of Section 504.

Similarly, the ADA's rules apply to public accommodations and do not require private property owners or managers to make changes unless the property is a public place, which usually refers to businesses and facilities open to the public, not private homes (42 U.S.C.A. § 12182). Such areas can include leasing offices within an apartment complex.

The Federal Fair Housing Act (FHA), however, applies to all rental owners and property managers, except for a very narrow class of owners such as a single family residences rented without a broker or property manager.

The majority of rental property owners and managers must allow reasonable modifications to the property, but can require the tenant to bear the cost of the modification (42 U.S.C.A. § 3604). This includes changes necessary for the tenant to fully enjoy the property, as long as the tenant agrees to return the property to its original condition when they move out, except for normal wear and tear (42 U.S.C.A. § 3604). Similarly, under the Washington Administrative Code, property owners or managers are not required to pay for changes needed to make a property accessible for disabled persons, unless the law specifically says so (WAC 162-38-080).

At ALH Real Estat Group, we can help you navigate the complexities of laws that may apply to your rental property.

This Articles is not intended to be legal advice and may or may not apply to your specific situation. You should consult an attorney or other professional regarding your situation.