Accommodation and Modification Toolbox

A disability under the federal Fair Housing Act is defined as a person with:

(1)  A physical or mental impairment which substantially limits one or more of the person’s major life activities (e.g., walking, talking, seeing, sleeping, thinking, managing stress, etc.); and

(2)  A record of having such an impairment; or

(3)  Being regarded as having such an impairment

No.  If your disability is not observable, your landlord is allowed to ask that you provide documentation from a provider indicating that you are a person with a disability (which can specify whether the disability is mental or physical), but your landlord is not entitled to know your specific disability diagnosis.

If the disability is not apparent, or the need for a particular accommodation is not obvious and apparent, the housing provider may inquire further, but only as much as needed to make an informed decision regarding the request.

The request must be reasonable; it cannot impose an undue financial burden, cannot impose an undue administrative burden, and cannot require a fundamental deviation from the nature of the program. 

Housing providers should never just flatly deny or ignore reasonable accommodation requests.  If they do, it may constitute a violation of the federal Fair Housing Act, and you may want to consider filing a complaint with HUD or the New Hampshire Commission for Human Rights. Links to file complaints with either can be found on our resources page.

Instead of flatly 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 to achieve a desirable outcome. 

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 that it does not impose an undue financial burden).

However, if an apartment is subsidized through the housing choice voucher program (some call it “section 8”) the tenant is likely still responsible for the cost of a reasonable modification. For low income tenants some agencies may be able to assist with the cost of a reasonable modification.

Yes – private housing providers may require that the modification be removed and the original conditions restored at the end of a tenancy. However, additional conditions would require unique circumstances that would make additional conditions reasonable. For example, a housing provider requesting the tenant open an escrow account to pay for restoration would only be reasonable if the housing provider had some evidence of the tenant’s likely inability to pay for restoration. Beyond this, the housing provider may require that the modification be installed by someone in a “workmanlike manner” but may not require installation by a professional with insurance unless there is a specific reason why this condition is necessary.

It is important to note that tenants in subsidized housing may not be required to remove modifications at the end of their tenancy.

An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that 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” is all-inclusive.  It encompasses both “service animals” and “emotional support animals.” 

A service animal is one that has been individually trained to do work or perform tasks for an individual with a disability.  The task(s) performed by the animal must be directly related to the person’s disability.  Service animals are specifically trained and certified to perform work.  Examples of service animals include:

• A seeing eye dog trained to guide its visually impaired owner

• A seizure service dog trained to assist individuals with epilepsy or seizure disorders by alerting the owner to an oncoming seizure, or providing support during and after a seizure.

An emotional support animal provides emotional support to its owner and/or alleviates symptoms of the owner’s disability.  An animal does not need to be specially trained or certified to serve as an emotional support animal.

Unlike service animals, who receive specialized training and certification upon completion of their training programs, emotional support animals do not require specialized training or certification.

Instead, a person with a disability whose health care provider has advised them to rely on an animal for assistance managing symptoms of their disability should get a letter documenting this from their health care provider.  A health care provider can be a doctor, a therapist or a licensed social worker. 

The letter from your health care provider should:

• Identify the provider’s name and practice where they work

• Explain that you are a patient of the provider and are under their care

• Explain that you are a person with a mental/physical health disability and how it impacts areas

• Indicate that the provider recommends, or believes it is medically necessary, that you be allowed to have a [insert type of animal] as an assistance animal because it will help you [insert how it will help alleviate/manage symptoms of your disability]

This is not recommended.  Many of these online services that charge to issue a letter “certifying” an animal as an assistance animal are not legitimate and your landlord may not be under any obligation to accept one of these certificates.  NHLA recommends asking one of your health care providers – who knows you and your needs – to prepare a letter of support.

No.  Because assistance animals are not considered pets and are instead an accommodation, tenants cannot be required to pay “pet deposits” or “pet fees.”

As a reminder, an assistance animal is not considered a pet.  As such, blanket conditions or restrictions applied to pets cannot be imposed on assistance animals.  For example, assistance animals are not subject to restrictions on breed, size or weight limitations. 

Limitations on “aggressive animals” require an individualized assessment. 

The Fair Housing Act may apply to shelters or transitional living facilities, but it would depend on many factors. The Act covers “dwellings” which are defined as any building which is intended to be occupied as a residence. Transient housing such as hotels or shelters where you have to leave and return daily are likely not covered by the Act. However, shelters where you are allowed to stay for an extended period of time and leave belongings with permission and intent to return likely may be covered by the Fair Housing Act.

Regardless of the Fair Housing Act, some shelters may be covered by the Americans with Disabilities Act. However, this might limit what accommodations can be requested. As way of an example; support animals are not recognized under the ADA.