Disability access in housing
Accommodation vs modification: what changes, and who pays?
Under the Fair Housing Act, an accommodation changes a rule, policy, practice or service; a modification changes existing physical premises. A reserved parking assignment and bathroom grab bars are familiar examples. Use that distinction first, then check the specific request, applicable law and cost rules. Physical work does not always settle who pays.
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What is the FHA distinction?
| Issue | Reasonable accommodation | Reasonable modification |
|---|---|---|
| What changes? | A rule, policy, practice or service | Existing physical premises, including public or common areas |
| Disability-related purpose | Equal opportunity to use and enjoy housing | Full enjoyment through a needed physical alteration |
| Common example | Assigning an accessible parking space despite an unassigned-space policy | Installing grab bars in an existing bathroom |
| General FHA cost position | Provider generally bears reasonable accommodation costs, subject to the governing limits | Person with a disability generally pays for the modification |
24 CFR 100.204 supplies the policy and service rule; 100.203 supplies the physical-modification rule. Both require attention to the disability-related need and reasonableness. This page uses FHA terms, not a universal vocabulary for every accessibility statute.
The HUD/DOJ modification statement, Questions 9 and 11, adds an important parking qualification: providing an accessible space can be an accommodation even when it requires signs, repainting or curb cuts. Do not turn “physical work” into an automatic instruction to bill the resident.
When can another rule change who pays?
Section 504: a housing provider that is a covered federal-assistance recipient can have a duty to make and pay for structural access changes as reasonable accommodations. 24 CFR 8.24 addresses existing-program accessibility, effective alternative methods, fundamental alteration and undue financial and administrative burdens. The joint statement's Question 31 explains the structural-cost distinction. Identify the recipient and program rather than assuming one cost rule for every property.
Existing design duties: 100.205 imposes requirements on covered multifamily housing. A feature that should already have existed under those requirements is not automatically a resident-funded alteration. Determine the coverage and original requirement before assigning responsibility for a retrofit.
For ordinary non-animal policy or service requests, the HUD/DOJ accommodation statement, Questions 7 to 11, explains provider costs, limits, alternatives and additional fees. Animal requests need the separate current federal and Illinois analysis below. An ordinary pet fee, an accommodation surcharge, a restoration escrow and a charge for actual damage are different questions.
How do requests and verification work?
A recognizable disability-related request can be oral or written and can come through someone acting for the person. The joint statements do not require magic words or a provider's preferred form. A written record can prevent misunderstandings, but an oral request is not automatically invalid.
| What is apparent or known? | What may still need reliable support? |
|---|---|
| Both disability and the connection to the request | Additional verification of those facts is generally unnecessary |
| Disability is known, but the need for this change is not | The disability-related connection to the requested change |
| Neither fact is apparent or known | Limited reliable disability-related information supporting disability and need |
Questions 16 to 18 of the accommodation statement explain these limits and confidentiality. A detailed diagnosis or complete medical record is generally unnecessary. For physical work, 100.203 also permits a reasonable description, workmanlike performance assurances and required permits. Do not confuse information about the proposed construction with unrestricted access to the person's medical history.
Respond promptly. An undue delay may function as a denial, but the cited general guidance does not supply one fixed response period for every request. If a request is unclear, ask what barrier the change addresses and what outcome is needed. Keep a record, route it promptly to the responsible person and protect disability-related information.
What changed for assistance-animal guidance?
A request to change an animal policy is an accommodation issue, rather than a request to build something. Its legal result still depends on the governing rule and facts.
- HUD's withdrawal notice, published April 6, 2026, identifies September 17, 2025 as the effective withdrawal date for the 2013 and 2020 animal notices. Do not cite FHEO-2020-01 as current authoritative guidance merely because an archived copy remains online.
- The May 22, 2026 FHEO enforcement memo says HUD will find reasonable cause and recommend charges in animal-accommodation cases only for trained disability-assistance animals. It applies an individual-training standard to the pet-policy complaints discussed there.
- The memo expressly leaves private court actions available and does not address Section 504 or ADA complaint processing. It describes an enforcement position and an intention to pursue rulemaking; do not treat it as a new statute erasing every state protection.
Keep Illinois law in the answer
310 ILCS 120/5 defines an assistance animal to include an emotional support or service animal that qualifies under the FHA or Illinois Human Rights Act. A federal enforcement memo alone does not decide an Illinois request.
Section 10 permits reliable documentation only when disability or need is not apparent or known. When that documentation is properly required, it must be written, come from a person in the defined therapeutic relationship and describe the disability-related need. The request and its supporting evidence are separate: an oral request can start the process even when permissible supporting documentation must be written.
The Illinois section prohibits pet-related deposits, pet fees, related pet assessments and special animal liability insurance for an assistance animal. It separately permits actual damage charges on the stated ordinary basis, with reasonable wear and tear excepted. It also lists qualified denial grounds; neither approval nor rejection is automatic.
The statutory therapeutic-relationship definition excludes certificate issuers that conduct no meaningful assessment. It does not justify demanding a specific diagnosis, accepting any purchased certificate or rejecting every remote-care relationship without examining the facts.
What restoration conditions are allowed?
Under 100.203, reasonable restoration conditions concern the interior of a rental dwelling. The joint statement's Questions 24 to 28 distinguish a removable fixture from useful changes or hidden reinforcements. It does not permit requiring restoration of exterior or common-area modifications.
A provider may not simply increase the usual security deposit because a resident requests a modification. A negotiated, reasonable interest-bearing escrow for necessary interior restoration may be possible under the stated conditions. The amount cannot exceed restoration cost, the payment period must be reasonable and the interest benefits the tenant. It is not an automatic flat fee for every modification.
Try two original housing-access questions
These are original study questions, not released or recalled PSI items. Assume covered housing and the stated disability-related need.
1. Parking needs a sign and new markings
A resident with a mobility disability needs an assigned space close to the entrance. Management normally leaves spaces unassigned. Providing this reasonable parking accommodation requires a sign and repainting. Which response best matches the joint statement?
- Any physical work makes it a modification the resident must fund
- No duty exists unless the resident uses management's form
- The parking request can remain an accommodation even though implementation involves physical work and provider cost
- Management must obtain the resident's complete medical history first
C is correct. A makes the physical-work shortcut absolute. B imposes an exclusive form requirement. C follows the parking explanation in Question 11. D ignores the limits on verification and the need already stated.
Change the fact: the request is for new bathroom grab bars in existing private housing, with no applicable Section 504 or original design-compliance issue. That is generally an FHA modification at the requester's expense, subject to the other required conditions.
2. A landlord wants every change undone
After permitting a reasonable common-entrance ramp under the FHA, the landlord demands that the resident restore that common area when moving out. What does the joint statement say about that restoration demand?
- Every resident-funded change must be undone
- Restoration can always be required if the landlord labels it a fee
- Exterior and common-area restoration follow the same automatic rule as every interior change
- Restoration of that common-area modification is not required under the stated FHA restoration rule
D is correct. A invents a universal reversal duty. B changes the label, not the rule. C ignores both the location distinction and the reasonableness limit inside a dwelling. D follows Question 26.
Change the fact: an interior kitchen alteration affects a subsequent tenant's use. A reasonable, requested interior restoration condition may be permitted. Interior restoration still is not automatic for every alteration.
Accommodation and modification questions
Does every disability-related request have to be approved?
No. Coverage, disability-related need and reasonableness matter. The joint accommodation statement discusses undue financial and administrative burden and fundamental alteration. Review the individual request and effective alternatives rather than granting everything or using a blanket refusal. A provider cannot treat its preferred form as the only way to make a request.
Is removing carpet always a resident-paid modification?
No. Question 29 of the joint modification statement distinguishes allowing carpet removal over an existing finished floor from removing carpet and installing a finished floor. The first can be a policy accommodation; the second can be a physical modification. Read the work and existing floor facts before assigning a label or cost.
Can the landlord require restoration of every modification?
No. Under the FHA rule, reasonable restoration conditions concern a rental dwelling's interior. The joint statement does not permit restoration demands for exterior or common-area modifications. Even inside, restoration is not automatic: effects on later use and enjoyment matter. A widened doorway and an altered kitchen may lead to different answers.
Practice the request before choosing the payer
The PSI national X.A Antidiscrimination outline sits within Practice of Real Estate's 12% allocation. Use the fair housing comparison and the Illinois assistance-animal lesson for related issues. Start practice with the free broker questions. If phone practice helps your routine, you can download Pass Illinois for additional preparation.