REASONABLE ACCOMMODATIONS AND MODIFICATIONS
This property adheres to The Fair Housing Act, Section 504 and Americans with Disabilities Act (ADA) and applies them fairly in reviewing an applicant/tenants request for Reasonable Accommodations and Modifications. Examples: adding grab bars to the bathroom and/or kitchen, installing a high toilet and lowering closet rod.
The Fair Housing Act states Reasonable Accommodation is as follows: “a change, exception, or adjustment to a rule, policy, practice, or service.” [i] It is unlawful to refuse to make a Reasonable Accommodation that is necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use area.
“In addition, the Fair Housing Act prohibits a housing provider from refusing to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.”i
“Under the Fair Housing Act, a Reasonable Modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas.”i
“Under Section 504, a housing provider is required to provide and pay for the structural modification as a Reasonable Accommodation unless it amounts to an undue financial and administrative burden or a fundamental alteration of the program. If an undue burden or fundamental alteration exists, the recipient is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program.”I As stated above The Fair Housing Act allows the person making the re quest to pay for the required modifications if the housing provider cannot due to financial and administrative burden.
The HUD Handbook 4350.3 states that an Owner may not increase the security deposits where Reasonable Modifications is request and approved but a Restoration Agreement may be created to insure the restoration of changes made under a Reasonable Modification. The occupant would pay an agreeable amount to an escrow account that is interest bearing. The funds are only to be applied to restoring the modified property and the balance is to not exceed the cost of the restoration.
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