Disability Housing Network - HUD and DOJ Guidance Reinforces Right to Home Modification

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Steve McPeake
Board President
President & CEO, North Coast Community Homes

Jill LaRock
Board Vice President
Director, Homecroft, Inc.

Jim Canney
Board Secretary/Treasurer
Superintendent, Madison County Board of MRDD

Julie Bohl
Executive Director,
Housing Resource Group

Deb Guilford
Executive Director, Northwest Ohio Waiver Administration Council

Monty Kerr
Superintendent, Belmont, Harrison, and Noble County Boards of MRDD

Kim Linkinhoker
Associate Director, Ohio Association of County Boards of MRDD

Patrick Maynard
President & CEO,
Housing Resource Group

Robert Morgan
Superintendent, Delaware County Board of Developmental Disabilities

Patrick Rafter
President & CEO,
Creative Housing, Inc.

News Article

HUD and DOJ Guidance Reinforces Right to Home Modification
4/10/2008

US Department of Housing and Urban Development and Department of Justice Guidance Reinforces Right to Home Modification

WASHINGTON, DC (April 1, 2008) - New guidance recently released by the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) reinforces the right of persons with disabilities to make "reasonable modifications" to their dwellings if a structural change to their dwelling or to a common area of the building or complex in which they live is needed so that they can fully enjoy the premises. The guidance is designed to help housing providers and homeowners' associations better understand their obligations and help persons with disabilities better understand their rights regarding the "reasonable modifications" provision of the federal Fair Housing Act (FHA).

The guidance emphasizes that one type of discrimination prohibited by the FHA is the refusal by housing providers or homeowner associations to permit a reasonable structural alteration of existing premises, occupied or to be occupied by a person with a disability, when the modification may be necessary to afford the person full enjoyment of the premises. The guidance makes clear that, although the housing provider or homeowner association must permit the modification, the tenant or prospective tenant is responsible for paying the cost of the modification. Examples of reasonable modifications include widening doorways to make rooms more accessible to persons who use wheelchairs or installing a ramp to provide access to a public or common use area, such as a clubhouse.

The new guidelines, issued in the form of questions and answers, cover such topics as:
* What is a reasonable modification?
* Who must comply with the reasonable modification requirement?
* Who is responsible for expenses associated with the upkeep or maintenance of a reasonable modification?
* When and how should an individual request permission to make a modification?
* What types of documents and assurances may a housing provider require regarding the modification before granting the modification?
* What procedures are available to a person wishing to challenge a denial of a requested modification?

For more information, the guidelines are available online at both www.usdoj.gov/fairhousing and www.hud.gov/offices/fheo/disabilities.