You were introduced to the federal Fair Housing Act of 1968, the Americans with Disability Act (ADA), and Section 504 of the Rehabilitation, the primary laws prohibiting discrimination against persons with disabilities.  Each law has its reasonable accommodation and reasonable modification requirements.  

FYI Corner

Signing of the Fair Housing Amendments Act of 1988 to include Persons with Disabilities and Families with Children Here’s a video to watch for more information

Just think of a hammer and nail for reasonable modification to avoid confusing reasonable accommodation with reasonable modification.  A physical change to a structure that allows persons with disabilities to use and enjoy it is called reasonable modification.  

Hammer and nail changes are not required for reasonable accommodations.  A change is policy, procedure, or practice that prevents discrimination against persons with disabilities is called reasonable accommodation.  

What constitutes a reasonable accommodation or reasonable modification is differently classified by each law; see the distinctions below: 

Fair Housing Act aka Title VIII of the Civil Rights Act of 1968    

The definitions above for reasonable modification and reasonable accommodation apply to this law; There is a distinction between reasonable accommodations and reasonable modification.  

The tenant (person with a disability) does not pay for reasonable accommodation.  Generally, the tenant pays for the requested reasonable modifications inside and outside the dwelling and common-use areas unless other laws apply.  The landlord can require the tenant to pay to undo the modification when the tenant moves out.

“The Fair Housing Act covers most housing.  In limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.”

American Disability Act (ADA) 

There is no difference between reasonable accommodation and reasonable modification.  A change to a policy or a change to a structure are both called reasonable modifications under ADA.  The housing provider pays for the reasonable accommodations/reasonable modifications.

ADA prohibits discrimination against persons with disabilities in housing funded by state and local governments and private entities that operate places of public accommodations.

Section 504 of the Rehabilitation Act (Section 504)

There is no difference between reasonable accommodation and reasonable modification.  A change to a policy or a change to a structure are both called reasonable accommodations under Section 504.  The housing provider pays for reasonable accommodations/modifications.

Section 504, this law applies to housing that receives federal funds, including public housing.

In addition, listed below are links from HUD for more information on reasonable modification and reasonable accommodation:  

- Presentation on accessibility requirements and enforcements: 
  Slides - Rights for Persons with Disabilities - Fair Housing 2021: What Counselors Need to Know Conference (hudexchange.info)

- Frequently asked questions about reasonable accommodation and reasonable modification:  Frequently Asked Questions (FAQs) | HUD.gov / U.S. Department of Housing and Urban Development (HUD)

- Information on the percentage of units that must be accessible:  
  Physical Accessibility | HUD.gov / HUD

- Fair Housing Act’s design and construction accessibility requirements, effective March 8, 2021: Accessibility First Requirements | HUD.gov / HUD

 

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