Accommodation and Modification FAQs
Tenants and home buyers with disabilities can request accommodations and modifications in housing to allow them to have full use of their homes.
What is considered a “disability” for reasonable accommodation and modification requests?
Under the federal Fair Housing Act, a person has a disability if they:
- Have a physical or mental impairment that substantially limits one or more major life activities, such as walking, talking, seeing, sleeping, thinking, or managing stress.
- Have a record of such an impairment.
- Are regarded as having such an impairment.
Am I required to disclose my specific diagnosis to my landlord?
No. If your disability is not observable, your landlord may ask for documentation from a provider indicating that you have a disability. The documentation may specify whether the disability is mental or physical, but your landlord is not entitled to know your specific diagnosis.
If the disability is not apparent, or the need for a particular accommodation is not obvious, the housing provider may request additional information—but only as much as is needed to make an informed decision about the request.
Are there limits on reasonable accommodation or modification requests?
The request must be reasonable. It cannot impose an undue financial or administrative burden or require a fundamental change to the nature of the housing program.
What do I do if my landlord rejects my reasonable accommodation request?
Housing providers should not simply deny or ignore reasonable accommodation requests. Doing so may violate the federal Fair Housing Act. You may want to consider filing a complaint with the U.S. Department of Housing and Urban Development or the New Hampshire Commission for Human Rights. Links for filing complaints are available on our resources page.
Instead of simply denying or ignoring a request, the housing provider should engage in an interactive process with the tenant to determine how the parties can work together toward an appropriate outcome.
Who pays for reasonable modifications?
Generally, the tenant is responsible for the cost unless the housing provider is federally subsidized. Federally subsidized housing providers must cover the cost of a reasonable modification, provided it does not impose an undue financial burden.
However, if an apartment is subsidized through the Housing Choice Voucher Program, sometimes called “Section 8,” the tenant is likely still responsible for the cost. Some agencies may be able to help low-income tenants pay for reasonable modifications.
Can housing providers impose conditions on reasonable modifications?
Yes. Private housing providers may require that a modification be removed and the original condition restored at the end of the tenancy.
Additional conditions require circumstances that make those conditions reasonable. For example, requiring a tenant to open an escrow account to pay for restoration may only be reasonable if the housing provider has evidence that the tenant will likely be unable to pay for the restoration.
The housing provider may require that the modification be installed in a “workmanlike manner.” However, the provider may not require installation by an insured professional unless there is a specific reason that condition is necessary.
Tenants in subsidized housing may not be required to remove modifications at the end of the tenancy.
What is an “assistance animal”?
An assistance animal works, provides assistance, performs tasks for a person with a disability, or provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.
The term “assistance animal” includes both service animals and emotional support animals.
A service animal is individually trained to perform work or tasks for a person with a disability. The work or tasks must be directly related to the person’s disability. Examples include:
- A guide dog trained to assist an owner who is visually impaired.
- A seizure-response dog trained to alert its owner to an approaching seizure or provide support during and after a seizure.
An emotional support animal provides emotional support or alleviates symptoms of its owner’s disability. An animal does not need specialized training or certification to serve as an emotional support animal.
What documentation is needed to classify an animal as an assistance animal?
Unlike service animals, which receive specialized training, emotional support animals do not require specialized training or certification.
A person whose healthcare provider has advised them to rely on an animal to help manage symptoms of a disability should request documentation from that provider. A healthcare provider may be a doctor, therapist, or licensed social worker.
The provider’s letter should:
- Identify the provider and the practice where they work.
- Explain that you are the provider’s patient and are under their care.
- Explain that you have a mental or physical disability and describe how it affects major life activities without disclosing an unnecessary diagnosis.
- State that the provider recommends, or believes it is medically necessary, that you be allowed to have a particular type of animal because it will help alleviate or manage symptoms of your disability.
Can’t I pay for a letter from an online service that will “certify” my animal as an emotional support animal?
This is not recommended. Many online services that charge for letters “certifying” animals as assistance animals are not legitimate, and your landlord may not be required to accept their certificates.
New Hampshire Legal Assistance recommends asking a healthcare provider who knows you and understands your needs to prepare a letter of support.
Can I be asked to pay a “pet deposit” or monthly “pet fee” for my assistance animal?
No. Assistance animals are not considered pets. Because they are an accommodation, tenants cannot be required to pay pet deposits or pet fees for them.
Are assistance animals subject to blanket conditions and restrictions on pets?
No. Because an assistance animal is not a pet, blanket conditions or restrictions for pets cannot be imposed on assistance animals. For example, assistance animals are not subject to blanket breed, size, or weight restrictions.
Restrictions involving an allegedly aggressive animal require an individualized assessment.
Can I ask for an accommodation or modification in a shelter or transitional living facility?
The Fair Housing Act may apply to shelters and transitional living facilities, depending on several factors. The Act covers “dwellings,” which are buildings intended to be occupied as residences.
Transient housing, such as hotels or shelters that require residents to leave and return each day, may not be covered. However, a shelter that allows residents to stay for an extended period and leave belongings with the intention of returning may be covered by the Fair Housing Act.
Some shelters may also be covered by the Americans with Disabilities Act, regardless of whether the Fair Housing Act applies. The available accommodations may differ under the ADA. For example, emotional support animals are not recognized as service animals under the ADA.