What Federal Law Actually Requires

The Fair Housing Act (FHA) prohibits housing discrimination based on disability and requires landlords to make two distinct types of adjustments: reasonable accommodations and reasonable modifications. Understanding the difference matters.

  • Reasonable accommodation — a change to a rule, policy, practice, or service. Examples include allowing a service animal in a no-pets building, reserving a closer parking space, or permitting a live-in aide.
  • Reasonable modification — a physical alteration to the unit or common areas, such as installing grab bars in a bathroom, adding a wheelchair ramp, or lowering cabinet hardware.

The FHA covers most residential landlords with four or more units. Even smaller landlords may be bound by state or local fair housing laws that extend broader protections, so it is worth checking the rules in your jurisdiction.

For related information on what landlords can and cannot investigate about prospective tenants, see what landlords are and aren't allowed to ask you.

Section 504 and the ADA Also Apply

In addition to the Fair Housing Act, Section 504 of the Rehabilitation Act covers housing that receives federal financial assistance, and the Americans with Disabilities Act (ADA) applies to common areas of multifamily housing open to the public. Tenants in federally subsidized housing may have additional protections and may not be required to pay for modifications themselves.

How to Request an Accommodation

There is no required form or legal script for requesting an accommodation. Requests can be made verbally, but putting the request in writing — even a simple email — creates a documented record that protects you if a dispute arises later.

A clear request should include:

  1. A description of the accommodation or modification you need.
  2. A brief explanation of how it relates to your disability (you do not need to disclose a diagnosis).
  3. Supporting documentation from a qualified professional, if the disability is not obvious.

Landlords are permitted to ask for verification that a disability-related need exists, but they cannot demand your full medical records, require you to use a specific doctor, or charge a fee for reviewing your request. A letter from a licensed healthcare provider, therapist, or social worker confirming the functional need is typically enough.

Keep a Written Record of Every Request

Send accommodation requests by email or certified mail and save all responses. If your landlord grants the request verbally, follow up in writing to confirm. A clear paper trail is your strongest protection if a dispute escalates to a formal complaint or legal proceeding.

Common Examples of Required Accommodations

Accommodations vary widely based on individual need, but certain categories appear frequently in fair housing cases and HUD guidance.

Landlords must engage in what the law describes as an interactive process — a good-faith dialogue with the tenant to find a workable solution. If a specific request would impose an undue hardship, the landlord should propose an alternative rather than simply refusing.

Protections Against Discrimination and Retaliation

A landlord cannot:

  • Refuse to rent to someone because they have a disability or require an accommodation.
  • Charge higher rent or a larger security deposit because of a disability-related need.
  • Apply different lease terms or screening standards based on disability.
  • Retaliate against a tenant for exercising fair housing rights.

If you believe your landlord has violated the Fair Housing Act, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year of the alleged violation. HUD investigates complaints at no cost to the tenant. You may also pursue a private lawsuit or contact a local fair housing organization for assistance.

~4.7M

Fair housing complaints filed with HUD since 1968

HUD has processed millions of complaints since the Fair Housing Act was enacted, with disability being the most commonly cited basis in recent years according to HUD annual reports.

55%+

Of fair housing complaints citing disability

According to the National Fair Housing Alliance's annual reports, disability consistently accounts for more than half of all fair housing complaints filed nationally.

Understanding what your landlord is required to disclose before you move in can also strengthen your position as a tenant — see what landlords must disclose before you sign.

This article provides general information about federal fair housing law and is not legal advice. Laws vary by state and locality. If you have a specific dispute or need guidance about your situation, consult a licensed attorney or a HUD-approved housing counselor.