Reasonable Accommodations: Do You Need Your Landlord to Make a Change Because of Your Disability?

If you have a disability that makes it hard for you to live in, find or keep an apartment you may ask a landlord to make changes that would make it easier for you to live there. This is called “reasonable accommodation.”

The law says that landlords have to make accommodations (changes) in their rules, procedures or policies that let people with disabilities have equal use and enjoyment of housing. But the changes have to be "reasonable."

A change is reasonable if it:

• is necessary, 
• does not cost the landlord a lot of money or other resources,
• does not cause a fundamental change in the nature of the landlord's business. 

Maria gets her SSI check on the 3rd day of each month. She has no control over when she gets her check. Maria gets SSI because of a disability. The landlord charges a late fee for any rent payments made after the 1st of the month. So as a reasonable accommodation Maria asked the landlord to let her have until the 5th of each month to pay rent. She also asked that she won’t be charged a late fee unless she pays her rent after the 5th. The landlord has to agree to accommodation requests that are reasonable. 

Betty has recently been diagnosed with bipolar disorder. Before she was diagnosed, she missed work many times due to severe mood swings and depression. Because of her poor performance at work, Betty was fired from her job, and could not pay rent. Now she has an eviction on her record from that time.

Betty is looking for a new home. She applied at an apartment that has a policy against renting to anyone with an eviction record. Betty could ask for a "reasonable accommodation." She could ask the landlord to adjust the rules in her case because her eviction happened because of her mental illness.

But Betty has to give the landlord some kind of guarantee that she can follow the lease and pay her rent in the future. This could be things like proof that she is controlling her bipolar disorder with medication. Or a letter from her boss stating that she is reliable and has not missed work. She could also offer to pay an extra damage deposit.

Answer the following questions:

1. Are you having problems getting or staying in your home because of your disability? YES or NO
    
2. Will the change you are asking for let you get an apartment or help you to be able to stay in your apartment? YES or NO
    
3. Will you be able to follow your lease if the change is made? YES or NO
    
4. After the change, can you make sure your behavior will not threaten the health and safety and property of others in the building? YES or NO
    

If you answer YES to all 4, then you should ask for a reasonable accommodation.

If you want to ask for a reasonable accommodation, if possible, you should:

1. Put your request in writing and keep a copy for yourself
    
2. Attach any documents or letters of reference that help prove and support your request
    

Once you have asked for the accommodation, it is up to the landlord to accept it or prove why it is not disability-related, necessary, or reasonable.

Remember, there is no easy right or wrong answer to the questions about reasonable accommodations. Try to think of things you can ask for that the landlord will be okay with so that you can get or keep your home. This is your chance to be creative!

If you answered YES to the 4 questions above and asked for a reasonable accommodation BUT the landlord refuses to make any changes, it may be a case of illegal housing discrimination.

Low income, elderly and disabled Minnesotans, call your local legal aid office at: 1-(877) 696-6529.

Or look for help from other programs at www.lawhelpmn.org/providers-and-clinics. 

You can also look for help from government agencies that enforce housing discrimination laws. They investigate for free.

MN Department of Human Rights
Griggs Midway Building
540 Fairview Ave North, Suite 201
St. Paul, Minnesota 55104

Phone: (651) 539-1100 or 1(800) 657-3704
MN Relay: 711 or 1(800) 627-3529

Discrimination helpline: 1-(833) 454-0148
Email at: info.mdhr@state.mn.us website at: www.mn.gov/mdhr/

Housing and Urban Development (HUD)       
Minneapolis Field Office
212 Third Ave South, Suite 150
Minneapolis MN 55401

Phone: (612) 370-3000

Housing and Urban Development (HUD)
77 West Jackson Boulevard, Suite 2600
Chicago, IL 60604-3507

Phone: (800) 669-9777

For both offices: www.hud.gov

Whatever you do, act fast. In most cases, you need to file a complaint or lawsuit within 1 or sometimes 2 years.