[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR100.203]



[Page 673-674]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 100_DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT--Table 

of Contents

 

    Subpart D_Prohibition Against Discrimination Because of Handicap

 

Sec.  100.203  Reasonable modifications of existing premises.



    (a) It shall be unlawful for any person to refuse to permit, at the 

expense of a handicapped person, reasonable modifications of existing 

premises, occupied or to be occupied by a handicapped person, if the 

proposed modifications may be necessary to afford the handicapped person 

full enjoyment of the premises of a dwelling. In the case of a rental, 

the landlord may, where it is reasonable to do so, condition permission 

for a modification on the renter agreeing to restore the interior of the 

premises to the condition that existed before the modification, 

reasonable wear and tear excepted. The landlord may not increase for 

handicapped persons any customarily required security deposit.



[[Page 674]]



However, where it is necessary in order to ensure with reasonable 

certainty that funds will be available to pay for the restorations at 

the end of the tenancy, the landlord may negotiate as part of such a 

restoration agreement a provision requiring that the tenant pay into an 

interest bearing escrow account, over a reasonable period, a reasonable 

amount of money not to exceed the cost of the restorations. The interest 

in any such account shall accrue to the benefit of the tenant.

    (b) A landlord may condition permission for a modification on the 

renter providing a reasonable description of the proposed modifications 

as well as reasonable assurances that the work will be done in a 

workmanlike manner and that any required building permits will be 

obtained.

    (c) The application of paragraph (a) of this section may be 

illustrated by the following examples:



    Example (1): A tenant with a handicap asks his or her landlord for 

permission to install grab bars in the bathroom at his or her own 

expense. It is necessary to reinforce the walls with blocking between 

studs in order to affix the grab bars. It is unlawful for the landlord 

to refuse to permit the tenant, at the tenant's own expense, from making 

the modifications necessary to add the grab bars. However, the landlord 

may condition permission for the modification on the tenant agreeing to 

restore the bathroom to the condition that existed before the 

modification, reasonable wear and tear excepted. It would be reasonable 

for the landlord to require the tenant to remove the grab bars at the 

end of the tenancy. The landlord may also reasonably require that the 

wall to which the grab bars are to be attached be repaired and restored 

to its original condition, reasonable wear and tear excepted. However, 

it would be unreasonable for the landlord to require the tenant to 

remove the blocking, since the reinforced walls will not interfere in 

any way with the landlord's or the next tenant's use and enjoyment of 

the premises and may be needed by some future tenant.

    Example (2): An applicant for rental housing has a child who uses a 

wheelchair. The bathroom door in the dwelling unit is too narrow to 

permit the wheelchair to pass. The applicant asks the landlord for 

permission to widen the doorway at the applicant's own expense. It is 

unlawful for the landlord to refuse to permit the applicant to make the 

modification. Further, the landlord may not, in usual circumstances, 

condition permission for the modification on the applicant paying for 

the doorway to be narrowed at the end of the lease because a wider 

doorway will not interfere with the landlord's or the next tenant's use 

and enjoyment of the premises.