The federal Fair Housing Act (FHA) states that it shall be unlawful for any person to refuse to permit, at the expense of the person with a disability, reasonable modifications (i.e., structural changes) of existing premises, occupied or to be occupied by a person with a disability, if the proposed modifications may be necessary to afford the person with a disability full enjoyment of the premises of a dwelling.
Thus, in rental housing, the general rule is that the disabled tenant pays for the costs related to the structural modification of a dwelling unit or common-use area (such as, installation of a ramp at the front door, grab bars in the bathroom, alternate flooring, etc.).
HOWEVER… the following flowchart provides general information about other factors that should be considered when evaluating who pays for structural modifications in rental housing. In addition, the following flowchart provides information about circumstances under which the responsibility to pay for structural modifications shifts to the rental property owner.
