A tenant wants to install grab bars or a ramp: what can the landlord require?
In a private rental you must allow a reasonable modification that a tenant with a disability needs, and the tenant pays for it. You may ask for a description of the work, assurance it will be done in a workmanlike way with permits, and, for changes inside the unit where it is reasonable, a promise to restore the unit at move-out. You may not raise the security deposit, require special insurance, or insist on your own contractor.
Modification or accommodation?
A modification is a physical change to the unit, the building's exterior or a common area. An accommodation is a change to a rule or policy, like allowing an assistance animal in a no-pets building. The difference decides who pays. Under 24 CFR 100.203 and the statute it implements, a modification in private housing is made at the tenant's expense. HUD and the Department of Justice give examples of typical reasonable modifications in their 2008 joint statement: grab bars, wider doorways, lower kitchen cabinets, a ramp at the main entrance, lever door handles and a peephole for a tenant who is deaf.
For the policy side of the same question, see how to respond to a reasonable accommodation request.
Handling the request, step by step
- Recognize the request. It does not have to be in writing or use the words "reasonable modification". Any clear request to make a physical change because of a disability counts, and it can come from a family member.
- Ask only what you need. If the disability and the need are obvious, ask for nothing more. If not, you may ask for reliable information that the person has a disability and how the change relates to it, and keep it confidential.
- Ask for a description of the work, and reasonable assurance it will be done in a workmanlike way with any required permits (100.203(b)).
- Decide promptly. The joint statement says an undue delay can count as a refusal.
- Agree in writing on what will be restored at move-out, if anything, and whether an escrow is needed (below).
- Approve the work. The tenant chooses the contractor; you may only require that whoever does it is able to do it properly and pull permits.
What you cannot require
- A bigger security deposit, or a deposit when you do not normally charge one (100.203(a)).
- Special liability insurance for the change, such as a policy covering a ramp.
- Your choice of contractor.
- A more expensive design or material, unless you pay the extra cost.
- A move to a different unit instead of the change.
All five come from the joint statement's questions 18 to 27.
What must be undone at move-out
You may ask for restoration only of changes inside the unit, and only where it is reasonable, with normal wear and tear excepted. Ramps, building entrances and laundry room changes do not have to be restored. The rule's own examples draw the line inside the unit too.
| Change inside the unit | Can you ask for restoration? |
|---|---|
| Grab bars | Yes, remove them and repair the wall |
| Blocking added inside the wall for the grab bars | No; it does not get in anyone's way and a later tenant may need it |
| A wider bathroom door | Usually no; a wider door does not hurt the next tenant |
| Base cabinets removed and the sink lowered | Yes, it is reasonable to ask that they be put back |
| Carpet replaced with a finished floor | Not if the new floor does not affect your or the next tenant's use |
Escrow for restoration, worked out
Where it is needed to be reasonably sure the money will be there, you may negotiate, as part of the restoration agreement, that the tenant pays into an interest bearing escrow account over a reasonable period. The total may not exceed the restoration cost, the interest belongs to the tenant, and HUD says you may not require escrow routinely. Base the decision on the size of the change, the lease length, and the tenant's credit and rental history. If you later decide not to restore, return everything in the account, interest included.
Example a made-up tenant with a 12 month lease removes the base cabinets under a kitchen sink and lowers the sink, at her own cost of $2,600. A contractor quotes $1,200 to put the cabinets back and raise the sink later. The owner and tenant agree on escrow of $100 a month for 12 months, which adds up to $1,200, the full restoration cost and not a dollar more. Interest on the account is credited to the tenant. At move-out the tenant either restores the kitchen herself, and gets the $1,200 plus interest back, or the owner uses the escrow for the work and returns any leftover.
Housing that receives federal financial assistance is also covered by Section 504, where structural changes are generally treated as accommodations the housing provider pays for. The joint statement explains this at question 31.
Tracking it in DoorKeeping
Keep the request, the description, the permits and the restoration agreement as documents on the tenant's lease in DoorKeeping, so they are in hand at move-out. If an escrow is agreed, it can be recorded as money you hold for the tenant in that property's books, apart from rent. Any legal step waits for your one-tap approval. DoorKeeping is $2 per unit per month and gives no legal advice.
Sources
Questions
- Who pays for a wheelchair ramp at an apartment building?
- In private housing, the tenant who needs it pays, and the owner must allow it if it is reasonable. The owner cannot require the ramp to be removed at move-out.
- Can a landlord charge a bigger deposit for grab bars?
- No. 24 CFR 100.203 bars raising the customary deposit. Where needed, the owner may negotiate a restoration escrow that the tenant pays over time, with interest going to the tenant.
- Can I make the tenant use my contractor?
- No. You may require that whoever does the work is able to do it in a workmanlike way and gets any required permits.
- Does the tenant have to remove grab bars when they move out?
- You may reasonably ask for the grab bars to come out and the wall to be repaired, but not for the hidden blocking inside the wall to be removed.