The Fair Housing Act (FHA) protects seniors and individuals with disabilities from discrimination in housing. Under this law:
- Landlords must allow reasonable modifications if they are necessary for a tenant to fully use and enjoy their home.
- The tenant is usually responsible for the cost of the modifications (unless the housing is federally funded, in which case the landlord may have to cover the costs).
- The landlord may require the tenant to restore the unit to its original condition when they move out (excluding normal wear and tear).
Knowing these rights will help you argue your case with confidence.
2. Submit a Formal Request in Writing
If a landlord verbally denies a request, submit a formal written request that includes:
- A detailed description of the needed modification (e.g., “installing a grab bar in the shower for safety”).
- A clear explanation of why the modification is necessary for accessibility.
- A statement referencing the Fair Housing Act and your right to reasonable modifications.
If possible, attach a doctor’s note or occupational therapist’s recommendation to strengthen your case.
3. Offer to Cover Costs
In most cases, landlords do not have to pay for modifications in private housing. Offering to cover the expenses and hiring a licensed contractor can help ease their concerns. If they worry about potential damage, you can also agree to restore the unit when moving out.
For low-income seniors, financial aid options include:
- HUD grants or vouchers for home modifications
- State and local disability programs offering assistance
- Nonprofits like Rebuilding Together or Habitat for Humanity
4. Mediate the Situation
If the landlord is still resistant, consider mediation as an alternative before escalating the issue legally. Some local housing authorities and fair housing organizations offer mediation services to help tenants and landlords reach a compromise.
5. File a Complaint with HUD
If all else fails, seniors can file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD). The process involves:
- Submitting a complaint online, by mail, or by phone.
- HUD investigating the claim and potentially negotiating a resolution.
- Legal action if discrimination is confirmed.
Seniors in federally assisted housing have stronger legal protections, and a landlord’s refusal to accommodate reasonable modifications in such cases may result in penalties.
6. Consider Legal Action
If a landlord continues to refuse modifications unlawfully, consulting with a tenant rights attorney or a local fair housing agency can provide legal options. Some states have stronger tenant protection laws that go beyond federal requirements.
Final Thoughts
Seniors have legal protections when it comes to making their rental homes accessible. If a landlord refuses a reasonable modification request, persistence, documentation, and knowledge of Fair Housing laws can help resolve the issue. In many cases, offering to cover the cost, seeking mediation, or involving HUD can lead to a favorable outcome.