A tenant with a hearing impairment asks the landlord for permission to have a visual fire alarm system installed in the unit. The building is privately owned and receives no federal assistance. Under the federal Fair Housing Act, this request is best described as a
Correct Answer
B) reasonable modification, paid for by the tenant
The Fair Housing Act splits disability-related requests in two. A reasonable accommodation under 42 U.S.C. 3604(f)(3)(B) is a change in a rule, policy, practice, or service, and the housing provider absorbs it. A reasonable modification under 3604(f)(3)(A) is a physical change to the premises, and the statute places the cost on the person with the disability. Installing a visual alarm alters the unit physically, so the landlord must permit it but need not pay for it, and may require restoration of the interior where that is reasonable. Only housing receiving federal financial assistance shifts the cost of structural changes to the provider, under Section 504 of the Rehabilitation Act.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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