Fair Housing News:

SAN DIEGO – A reasonable modification to a rental home is defined as 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, according to Joint Statement of the Department of Housing and Urban Development and the Department of Justice, Reasonable Modifications Under the Fair Housing Act of March 5, 2008.

A tenant renting from a private housing provider is responsible for paying the cost of the reasonable modification. A housing provider that receives federal financial assistance is responsible to pay for the cost of the reasonable modification.

One common reasonable modification is a tenant asking for a ramp to enter the rental unit. Persons who use wheelchairs or who have difficulty walking up steps may need a ramp if the only entrance to the unit has a steps or a large threshold into the unit.

Housing providers may recognize the need of the tenant to have a ramp but deny the reasonable modification request because the housing provider is concerned about the construction of the ramp or its aesthetics.

If a permanent ramp is being installed, the housing provider can ask the tenant to have it performed in a “workman-like manner,” which usually means involving a licensed contractor to install the ramp; however, the housing provider cannot require the tenant to use a specific contractor or other professional.

A housing provider cannot require the tenant to only use a certain kind of ramp. If the tenant is going to install a ramp that the housing provider does not like for its aesthetics, the housing provider may pay the difference to install a ramp the housing provider prefers.

For more information, call The Legal Aid Society of San Diego Inc. at (844) 449-3500 or TTY (877) 735-2929 or visit http://www.lassd.org.

Submitted by Fair Housing Center of the Legal Aid Society Of San Diego Inc.