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Dealing with Protective Orders 8/3/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part II 2/21/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part I 1/5/2018
Section 8 Landlord Incentive Program 11/27/2017
Part II: Notice to Terminate Lease at the End of the Initial Term – Sec. 8/Sec. 42 Resident or HUD based property 6/14/2017
Part I: Notice to Terminate Lease at the End of the Initial Term – Market Rate Resident 5/31/2017
Legislative Update 2017 – Changes to the Unlawful Detainer Statute 5/11/2017
Important Things to Know About Mold 3/27/2017
3rd Party Requests For Tenant Information or Entry Into Unit 1/12/2017
What to do about trespassers 11/7/2016
Meth survey - We need your help! 8/30/2016
Pools and common areas – Creating proper standards for conduct and attire 6/14/2016
New HUD Guidance on Criminal History of Tenants 4/27/2016
Bed Bugs Part III: Treatment and Prevention 4/4/2016
Bed Bugs Part II: Separating Fact From Fiction 3/21/2016
Bed Bugs Part 1: An Introduction 3/1/2016
Arrests and Criminal Background Checks 2/17/2016
Future Rent And a Landlord's Obligation to Mitigate Damages 2/2/2016
Security Deposits - Landlord's Obligations Under Utah Law 9/16/2015
Abandoned Personal Property 9/1/2015
US Supreme Court affirms disparate impact claims under Fair Housing Act 6/26/2015
Reasonable Modifications for the Disabled- Do I have to pay for it? 6/7/2015
Dealing with a Death in a Rental Unit 6/6/2015
Abandonment 101 - Unpaid Rent, Property In Unit - Now What? 6/4/2015
Abandonment 101: Unpaid Rent, Empty Unit - Now What? 6/3/2015
Tenant Victims of Domestic Violence 6/2/2015
Requalifying Tenants upon Renewal 6/1/2015

Reasonable Modifications for the Disabled- Do I have to pay for it?

Published 6/7/2015


Since handicap/disability has become a protected class, there has been much said and discussed about what modifications should or must be done for those that request such accommodations. Buildings made available for occupancy after March of 1991 must have been constructed in such a way as to meet the design and construction requirements established under the provisions of Fair Housing Act to aid the handicap/disabled protected class.

However, HUD failed to provide any real guidance on these design and construction issues for over a decade. Many builders, developers, and operators of multi-family housing units were left to guess what was required. It wasn’t until a few years after the turn of the century that the uniform building codes caught up to the anticipated guidelines for Fair Housing.

But what of the many units that were built prior to March of 1991. What are the requirements to provide modifications to those units for the handicapped/disabled? Do modifications have to be made that change the esthetics of a multi-family community? Who bears the cost of those changes? Do common areas and amenities have to be modified in communities built prior to 1991?

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