Guide verification
What we verified in “Reasonable accommodations and modifications if you have a disability”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
27 checked statements Verified on October 31, 2026 13 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
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The Fair Housing Act (42 U.S.C. §3604(f)) makes it unlawful to discriminate in renting, or to make a dwelling unavailable, because of a disability of the renter, of a person who lives or will live in the dwelling, or of anyone associated with them; and to discriminate in the terms, conditions or services of the dwelling for those reasons. The statute uses the word 'handicap.'
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Under the Fair Housing Act (42 U.S.C. §3604(f)(3)), discrimination includes refusing to permit, at the expense of the person with a disability, reasonable modifications of the premises that may be necessary for full enjoyment, although in a rental the landlord may, where reasonable, require the tenant to restore the interior, reasonable wear and tear excepted; and refusing to make reasonable accommodations in rules, policies, practices or services that may be necessary for an equal opportunity to use and enjoy a dwelling.
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Under the Fair Housing Act (42 U.S.C. §3604(f)(9)), the law does not require a dwelling to be made available to someone whose tenancy would be a direct threat to the health or safety of others or would result in substantial physical damage to the property of others.
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Under HUD's regulation (24 CFR §100.201), a disability ('handicap') is a physical or mental impairment that substantially limits one or more major life activities; having a record of such an impairment or being regarded as having one also counts; major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; and it does not include current illegal use of or addiction to a controlled substance.
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Under HUD's regulation (24 CFR §100.201), physical or mental impairments include, among others, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, emotional illness and alcoholism.
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Under HUD's regulation (24 CFR §100.202(c)), it is unlawful to ask whether an applicant, someone who will live with them or an associated person has a disability, or to ask about its nature or severity; if asked of all applicants, a landlord may ask whether you can meet the requirements of tenancy, whether you qualify for housing or a priority for people with disabilities, whether you currently use or are addicted to illegal drugs, or whether you were convicted of making or selling them.
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Under HUD's regulation (24 CFR §100.204), it is unlawful to refuse reasonable accommodations in rules, policies, practices or services that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including common areas; the regulation gives two examples, a blind applicant who wants to live with a seeing eye dog in a no-pets building, and a tenant who cannot walk more than a short distance and asks for a reserved parking space near his unit; refusing either one is a violation.
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Under HUD's regulation (24 CFR §100.203), in a rental the landlord may, where reasonable, require the tenant to restore the interior when leaving, reasonable wear and tear excepted; may not increase the customary security deposit for a person with a disability, but where needed to make sure restoration money will be there, may negotiate that the tenant pay a reasonable amount, not more than the restoration cost, into an interest-bearing escrow account over time, with interest going to the tenant; and may require a reasonable description of the change and assurances that the work will be done in a workmanlike manner with any required permits.
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HUD's regulation (24 CFR §100.203(c)) gives two examples: a tenant who wants to install bathroom grab bars at their own expense, which requires reinforcing the wall; the landlord may not refuse and may require removing the bars and repairing the wall at the end, but not removing the reinforcement; and an applicant whose child uses a wheelchair and wants to widen the bathroom door at their own expense; the landlord may not refuse and usually may not require narrowing it again at the end of the lease.
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According to the HUD–Justice Department Joint Statement on reasonable accommodations, a reasonable accommodation is a change, exception or adjustment to a rule, policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including common areas; there must be an identifiable relationship between the request and the disability; and examples include an assigned accessible parking space near the entrance, or letting a friend mail the rent for a tenant whose mental disability makes her afraid to leave her unit.
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According to the HUD–Justice Department Joint Statement, the Act uses the term 'handicap' instead of 'disability,' and both have the same legal meaning.
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According to the Joint Statement, a provider may deny an accommodation if it was not requested by or for a person with a disability, if there is no disability-related need, or if it is not reasonable because it would impose an undue financial and administrative burden or fundamentally alter the provider's operations; that is decided case by case; and if the provider denies it as unreasonable, it should discuss an alternative with you, and if that alternative is effective and reasonable, it must grant it.
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According to the Joint Statement, people with disabilities typically know best the functional limitations their disability causes, and they do not have to accept an alternative the provider suggests if they believe it will not meet their needs and what they asked for is reasonable.
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According to the Joint Statement, a provider may not require a person with a disability to pay extra fees or deposits as a condition of receiving a reasonable accommodation; it may charge for damage the person causes if it is its practice to charge all tenants for damage.
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According to the Joint Statement, you make a reasonable accommodation request when you make clear to the provider that you are asking for an exception, change or adjustment because of your disability; you explain what you need and, if the need is not obvious, how it relates to your disability; the law does not require a particular manner or time; a family member or someone else can ask for you; you do not have to mention the Act or use the words 'reasonable accommodation'; it can be oral or written, though writing helps avoid misunderstandings; and the provider must consider it even if you do not use its form.
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According to the Joint Statement, the provider must respond promptly, and an undue delay may be deemed a failure to provide the reasonable accommodation.
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According to the Joint Statement, if your disability and the need are obvious or known, the provider may not ask for more information; if the disability is not obvious, it may ask for reliable information that shows you meet the definition of disability, describes the accommodation and shows the link between them; you can often provide it yourself, for example with proof that, if you are under 65, you receive SSI or SSDI, or with a credible statement, and so can a doctor, a peer support group, a non-medical service agency or another reliable third party who knows about your disability; in most cases your medical records are not needed; and the information must be kept confidential.
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According to the HUD–Justice Department Joint Statement on reasonable modifications, a reasonable modification is a structural change to the premises so a person with a disability can fully enjoy them; it can be inside, outside or in common areas; it can be requested at any time during the tenancy; and changes that are typically reasonable include widening doorways, installing bathroom grab bars, lowering kitchen cabinets, adding a ramp at the entrance or altering a walkway to reach a common area.
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According to the Joint Statement on modifications, generally the provider pays for a reasonable accommodation unless it is an undue financial and administrative burden, and the tenant pays for a reasonable modification; you need the provider's approval before making the modification, but if you meet the requirements and provide the needed documents and assurances, the provider cannot deny it; and it must respond promptly.
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According to the Joint Statement on modifications, housing that receives federal financial assistance is covered by both the Fair Housing Act and Section 504 of the Rehabilitation Act; under Section 504, structural changes an applicant or tenant with a disability needs are treated as reasonable accommodations that the provider must pay for, unless that would be an undue financial and administrative burden or a fundamental alteration of the program, or the provider can meet the need another way, such as a transfer to another appropriate unit.
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According to a HUD notice in the Federal Register published April 6, 2026 (91 FR 17291), the Office of Fair Housing and Equal Opportunity (FHEO) withdrew, effective September 17, 2025, several guidance documents, including notice FHEO-2020-01 on requests to have an animal as a reasonable accommodation and notice FHEO 2013-01 on service and assistance animals; HUD says they should not be relied upon as authoritative; and actions that do not comply with the text of the Fair Housing Act remain subject to enforcement.
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In an enforcement memorandum dated May 22, 2026, HUD's Assistant Secretary for Fair Housing said that, effective immediately, for animal-related reasonable accommodation complaints FHEO will find reasonable cause and recommend charges only in cases involving animals trained to provide disability-related assistance; that requests to waive pet policies for animals trained for disability-related tasks are presumptively reasonable, but those for untrained emotional support animals are not; that the animal could be a species other than a dog if it is trained; and that the memo does not address how HUD will process complaints under Section 504 of the Rehabilitation Act or the ADA.
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The same HUD memo says that, whatever HUD decides in a case, the Fair Housing Act lets a complainant file a civil action in federal or state court within two years, and nothing in that guidance affects the right to seek redress in court; and that HUD intends to do notice-and-comment rulemaking on animal-related reasonable accommodations.
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Under the Fair Housing Act (42 U.S.C. §3610), an aggrieved person may file a complaint with HUD no later than one year after the discriminatory practice occurred or ended.
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Under the Fair Housing Act (42 U.S.C. §3613), an aggrieved person may sue in federal or state court no later than 2 years after the discriminatory practice occurred or ended, whether or not they filed a HUD complaint.
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According to HUD, when you contact its Office of Fair Housing and Equal Opportunity (FHEO) you can ask for disability-related assistance, including reasonable accommodations and auxiliary aids and services; and HUD lists the regional FHEO office that serves each state.
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The Legal Services Corporation (LSC) has a search tool: you enter an address or city and it shows an LSC-funded legal aid organization near you.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. U.S. Congress (text at Cornell LII) · 42 U.S.C. §3604, Discrimination in the sale or rental of housing and other prohibited practices · law.cornell.edu · Accessed October 31, 2026
- 2. U.S. Congress (text at Cornell LII) · 42 U.S.C. §3610, Administrative enforcement; preliminary matters · law.cornell.edu · Accessed October 31, 2026
- 3. U.S. Congress (text at Cornell LII) · 42 U.S.C. §3613, Enforcement by private persons · law.cornell.edu · Accessed October 31, 2026
- 4. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §100.201, Definitions (discrimination because of handicap) · ecfr.gov · Accessed October 31, 2026
- 5. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §100.202, General prohibitions against discrimination because of handicap · ecfr.gov · Accessed October 31, 2026
- 6. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §100.203, Reasonable modifications of existing premises · ecfr.gov · Accessed October 31, 2026
- 7. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §100.204, Reasonable accommodations · ecfr.gov · Accessed October 31, 2026
- 8. HUD and U.S. Department of Justice · Joint Statement of HUD and the Department of Justice: Reasonable Accommodations Under the Fair Housing Act · hud.gov · Accessed October 31, 2026
- 9. HUD and U.S. Department of Justice · Joint Statement of HUD and the Department of Justice: Reasonable Modifications Under the Fair Housing Act · hud.gov · Accessed October 31, 2026
- 10. HUD (Federal Register, text at GovInfo) · Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents (91 FR 17291) · govinfo.gov · Accessed October 31, 2026
- 11. HUD, Office of Fair Housing and Equal Opportunity · Enforcement Guidance – Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act · hud.gov · Accessed October 31, 2026
- 12. HUD · Contact information for FHEO Offices · hud.gov · Accessed October 31, 2026
- 13. Legal Services Corporation (LSC) · I Need Legal Help · lsc.gov · Accessed October 31, 2026