HUD and Justice Department Release New Guidance on Fair Housing Act "Reasonable Modifications." By BackgroundFinder.com

New guidance released in March 2008 reinforced the right of persons with disabilities

to make "reasonable modifications" to their dwellings if a structural change to their dwelling or to a common area of the building or complex in which they live is needed so that they can fully enjoy the premises.

The guidance is designed to help housing providers and homeowners' associations better understand their obligations and help persons with disabilities better understand their rights regarding the "reasonable modifications" provision of the federal Fair Housing Act (FHA).

The FHA prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and background checks. HUD and DOJ share responsibility for enforcing the FHA.

One type of discrimination prohibited by the FHA is the refusal by housing providers or homeowner associations to permit a reasonable modification i.e., a structural alteration of existing premises, occupied or to be occupied by a person with a disability, when the modification may be necessary to afford the person full enjoyment of the premises.

Although the housing provider or homeowner association must permit the modification, the tenant (or prospective tenant) is responsible for paying the cost of the modification. Examples of reasonable modifications include widening doorways to make rooms more accessible to persons who use wheelchairs or installing a ramp to provide access to a public or common use area, such as a clubhouse.

The new guidelines, issued in the form of questions and answers, cover such topics as:

What is a reasonable modification?

Who must comply with the reasonable modification requirement?

Who is responsible for expenses associated with the upkeep or maintenance of a reasonable modification?

When and how should an individual request permission to make a modification?

What types of documents and assurances may a housing provider require regarding the modification before granting the modification?

What procedures are available to a person wishing to challenge a denial of a requested modification?

The guidelines and other background reports are available on the web sites of both HUD and the Department of Justice.

HUD and Justice Department Release New Guidance on Fair Housing Act "Reasonable Modifications." By BackgroundFinder.com

By: Baldwin Bowman

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