This Guide provides general information. For legal advice, please consult an attorney.
Who is responsible for the costs of an accommodation or modification?
Once an accommodation is determined to be reasonable, a landlord cannot impose the expense of providing
it on to the tenant, directly or indirectly. The landlord must assume these costs for reasonable
accommodations. These rules regarding accommodations differ from those covering "reasonable
modifications" (generally structural modifications to a property such as adding a grab bar or ramp). In
general, private landlords do not have to pay the cost of reasonable modifications to a tenant’s unit or outside
common areas requested by the tenant as necessary to address the tenant’s disability. However, a property
financed with federal funds, such as HOME, may not charge the tenant for the costs of reasonable
modifications.
When does the requirement apply?
A tenant or prospective tenant may request a reasonable accommodation at any time, including at the time of
application, at the time of lease signing, or after the tenant has already moved in to their unit. Common
screening criteria such as credit and criminal record check policies must be evaluated and modified if a
prospective tenant with a disability requests a reasonable accommodation and the facts and circumstances
warrant it. For example, where a tenant has no recent rental history because she had previously been in a
psychiatric hospital, she could request that a reference letter from her employer or social worker be considered
instead of a reference from a previous landlord.
Examples of reasonable accommodations:
Accepting a reference by the applicant's employer, social worker, or their past positive rental history,
instead of conducting a standard credit check, when the tenant has bad credit history that is directly linked
to their disability (i.e. time in a hospital, loss of job due to disability, inability to pay down high amounts of
medical debt incurred as a result of their disability, etc.).
Delaying eviction proceedings to allow a tenant to obtain mental health treatment and counseling to change
her behavior where her disability resulted in lease violations such as disturbing other tenants or causing
minor damage to the property. (The tenant would still be liable for paying to repair the damage.)
Making an exception to a first-come, first-served, parking policy by creating a reserved parking space for a
tenant who, because of her/his disability, has difficulty walking and needs to park close to the building.
Waiving “guest fees” and parking fees for a disabled tenant’s home health care aide.
Assisting an applicant with an intellectual or developmental disability in filling out the standard application
form.
Agreeing to call or visit a tenant if she/he needs oral reminders to pay the rent each month.
Permitting a tenant with a mobility impairment to move from a third-floor unit to the first floor.
Making an exception to the building’s “no pets” rule for people with disabilities who use guide dogs or other
service or emotional support animals.
Allowing a tenant to move to a different apartment to get away from conditions (e.g., loud noise) that
amplify the effects of her/his disability.
Permitting a tenant to move from a one-bedroom to a two-bedroom apartment to have room for her/his live-
in care provider.
A model reasonable accommodation notice and request and response forms are attached. For more
information see http://www.nchfa.com/Rental/Mreasonableaccommod.aspx
Attached: Sample Notice of Right to Reasonable Accommodation and Sample Request and Response
Forms
The North Carolina Housing Finance Agency wishes to acknowledge the Bazelon Center for Mental Health
Law, Fair Housing Project of Legal Aid of NC and NC Justice Center for their contributions to the development
of this Guide.