REASONABLE MODIFICATIONS

A reasonable modification is a physical change to a personal living space or common area. These changes may be necessary for an individual with a disability to equally use and enjoy their housing, and housing providers are required to allow reasonable modifications under fair housing laws. Unlike reasonable accommodations, reasonable modifications may include costs that the tenant is responsible for paying.

If you are unsure whether you should be requesting a reasonable modification or a reasonable accommodation, you can review our Fair Housing Tip on reasonable modifications vs reasonable accommodations. You can also compare the examples below with the examples provided in our FAQ page on Reasonable Accommodations.

Examples of Reasonable Modifications

  • Ramps are one of the most common and visible forms of a reasonable modification. They can provide individuals with physical mobility disabilities access to housing that would otherwise be inaccessible. For example, a building that requires the use of stairs to access the main common areas may install a ramp to allow access for individuals who use wheelchairs.

  • Requesting an additional or closer parking space is a common accommodation. Many different physical and mental health disabilities can benefit from this accommodation to increase the access of the person with the disability or access for support staff.

  • Some individuals with disabilities receive their benefit payments sometime after the first of the month. This makes paying rent by the first very difficult. It is possible to request that a rent payment date is moved later in the month as an exception for an individual with a disability.

  • Some mental health disabilities may also require physical or structural changes. For example, individuals with disabilities that affect attention span or focus may sometimes leave faucets or stoves on without realizing it. This can be hazardous, but the installation of modern stoves and faucets that automatically shut off after a short period of time can practically eliminate this issue.

Requesting a Reasonable Modification

Paying for a Reasonable Modification

Unlike reasonable accommodations, reasonable modifications often come with additional costs for materials, installation, inspections, etc. The individual requesting the modification is generally required to pay these costs, but there are some exceptions to this requirement.

  • Generally, the individual requesting the reasonable modification will be responsible for paying for installing or implementing the requested modifications. This may include fees to install a modification and fees to restore a modification when moving out of the housing unit. However, certain housing providers are responsible for paying for a modification instead of the individual making the request. Owners who are contractually obligated to pay for modifications, or who are subject to federal or state laws and regulations that require housing providers to cover the costs of modifications, must do so.

    For example, owners who are governmental entities are required to cover the costs of reasonable modifications as are owners who receive federal or state funding for affordable housing.

    For more information on costs associated with reasonable modifications and the circumstances in which housing providers must pay for modifications, please review the guidance in the California Code of Regulations (2 CCR § 12181 (h)).

    For example, owners who are governmental entities are required to cover the costs of reasonable modifications as are owners who receive federal or state funding for affordable housing.

    For more information on costs associated  on the circumstances in which housing providers must pay for modifications, please review the guidance in the California Code of Regulations (2 CCR § 12181 (h)).

  • In addition to the base costs of installing modifications, the person requesting a modification may be responsible for maintaining the modification once installed. For modifications that are only used by the tenant’s household, the tenant will likely be responsible for ensuring that the modification is maintained. For modifications in common areas normally maintained by the owner, the owner is responsible for maintenance.

    For more information on who is responsible for maintaining a modified space, please refer to the language and the examples in the California Code of Regulations (2 CCR § 12181 (i)).

  • If you have a disability, then you may qualify for a modification. You should first determine whether the symptoms of your disability limit your ability to enjoy your housing, and whether a modification is necessary to lessen or remove that limitation. If the answer is yes, then you likely have a disability-related need for a modification.

    For more information, please see the FAQ page on Disability Discrimination or review our Fair Housing Tip on reasonable modifications vs reasonable accommodations.

  • If you think you need a modification, you should consider making the request as soon as possible. You do not need specific language to make the request—so long as you inform your housing provider that you need a modification for your disability, you have technically made a legal request for a modification. However, there are a few key points of information that you should consider including in any request that you make:

    • Clearly state that you have a disability. You do not have to include your specific diagnosis, but you want it to be clear that there is a disability that is interfering with your ability to use and enjoy your housing;

    • Explain or describe the modification that you are requesting; and

    • Articulate how the effects of your disability would be mitigated by the modification.

    Ideally, you want to make this request in writing, but it is not a requirement. Making the request in writing makes it easier to show when the request was submitted, and it allows you to keep proof for your records.

    There is no specific timeframe to make a request, because a housing provider’s duty to grant reasonable modifications is ongoing. However, the housing provider’s duty to grant a reasonable modification is not triggered unless a request has actually been made. If you think that you need a modification, make sure to submit your request as soon as possible.

    For more information on requesting a reasonable modification, please see our Fair Housing Tip on requesting reasonable modifications. You can also review the California Code of Regulations for a comprehensive discussion of reasonable modifications (2 CCR § 12176).

  • In California, a housing provider cannot deny a request for a reasonable accommodation or reasonable modification without first engaging in the interactive process. The interactive process is a back-and-forth process between the housing provider and the individual requesting an accommodation or modification with the goal of finding an accommodation or modification that will allow the individual with the disability to equally enjoy their housing. This may result in an alternative accommodation or modification, but the housing provider must engage in the process in good faith.

    For more information on the interactive process, please see our Fair Housing Manual. You may also review the California Code of Regulations (2 CCR § 12177).

  • A reasonable modification may be denied when it would constitute a fundamental alteration to the services or operations of the housing provider or impose an undue financial and administrative burden. There are also a few exceptions related to the work and costs associated with modifications. It is important to check the language in the California Code of Regulations for more guidance.

    For more information on denials of reasonable accommodations or reasonable modifications, see our FAQ section on Denials. You may also want to review the section of the California Code of Regulations on denials of reasonable accommodations and reasonable modifications (2 CCR § 12179).

  • Generally, a landlord cannot disclose information about your disability or your request other people. This prohibits your landlord from divulging your information to other tenants. However, there is an exception when it is necessary for your landlord to inform third parties in order to fulfill the accommodation. For example, a landlord would have to inform staff to allow a disabled tenant to use a door that is normally restricted to staff.

    A landlord may also share this information when the individual with the disability has provided written authorization to share the information.

    For more information on requesting a reasonable modification, please see our Fair Housing Tip on reasonable modifications vs reasonable accommodations. You can also review the California Code of Regulations for a comprehensive discussion of reasonable modifications (2 CCR § 12176).