How to Make a Reasonable Accommodation or Modification Request

If you are a tenant with a disability and require an accommodation or modification for your apartment, there are a few things you should know about the process.

First, in order to receive an accommodation or modification, a request must be made. An accommodation or modification can be requested at any time. The request does not have to be in writing or use the words accommodation or modification, so long as the housing provider can reasonably understand that an accommodation or modification is being requested.

However, it is advised that you make the request in writing to make it abundantly clear what you are requesting and have a record of the request.

The person making the request also doesn’t necessarily have to be the person who the accommodation or modification is for. Parents can ask for accommodations or modifications for their children’s disability and advocates and health care providers and family members can make accommodation or modification requests with the permission of the person who needs the accommodation.

Ideally, a reasonable accommodation or modification request to a housing provider should indicate the tenant’s name and where they live, explain that they are a person with a physical or mental health disability and how that disability impacts them, explain that they are entitled to protections under the Federal Fair Housing Act, state that the person is requesting a reasonable accommodation or modification, and identify what the request is and identify that the request will help alleviate the person’s impairments.

When requesting an accommodation, it’s important that there is a connection between your disability and how the accommodation requested will help alleviate your disabilities. For example, there might not be a need for an accessible parking space for someone with a mental health disability.

If your disability is not apparent to the housing provider, they are permitted to request medical verification of your disability. This occurs most often with mental health disabilities where there might not be obvious outward signs of a disability.

This does not mean that your housing provider can request medical records such as diagnosis charts or notes from visits. Instead, in order to provide medical verification, you should request a letter from your health care provider. The health care provider does not have to be a doctor and can be anyone who can provide competent medical information regarding your disabilities, such as a licensed social worker.

While there have been advances in telehealth in recent years, it’s important that if you use this option for your letter, that a health care provider that assists you is competent to assist you. Many online medical letter and certification services may not be valid, especially those that provide certification letters for support animals for a fee. These are generally not considered valid under the Fair Housing Act.

You do not need to have your letter immediately on hand when you make an accommodation or modification request. Your housing provider must give you a reasonable opportunity to provide the request and medical verification.

However, having medical verification at the time you make your request can streamline the process and make the request proceed faster.

Some housing providers may ask you to sign a release for them to speak with your medical provider to verify your need for the accommodation or modification. Releases are permitted so long as they are not overbroad. This means they should only ask to discuss information related to the need for the accommodation request and should not request medical documents or medical information beyond what is necessary to evaluate your request. It also might be problematic for your housing provider to demand you fill out a release after you have already provided them with a verification letter from your medical provider.

If you experience this or believe you were denied an accommodation or modification request in error, contact the Fair Housing Project at New Hampshire Legal Assistance for potential assistance.

Acknowledgement and disclaimer: The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the federal government.