What is a “reasonable accommodation” under Fair Housing Law?

Under Fair Housing Law, a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for an individual with a disability, or other protected class, to have an equal opportunity to use and enjoy a dwelling. In Delaware, reasonable accommodation requests must be granted if the accommodation request is necessary for the individual to have an equal opportunity to use and enjoy the dwelling, and if it does not create an undue financial burden or a significant risk to the health or safety of the individual or others. Reasonable accommodation requests include, but are not limited to, allowing individuals with disabilities the use of a service animal, making reasonable modifications to existing policies or practices, accommodating requests for assistance animals, providing auxiliary aids in communication, and providing reasonable modifications to physical spaces of a dwelling or common area. If an individual with a disability is making a reasonable accommodation request, they must provide sufficient evidence that the request is necessary to allow them to use and enjoy the dwelling. An owner of a dwelling may not charge the individual for costs associated with the reasonable accommodation request. In Delaware, it is illegal to refuse to grant a reasonable accommodation request or to treat individuals with disabilities or other protected classes differently than individuals who are not part of a protected class. It is also illegal for an owner or manager of a dwelling to ask applicants or tenants questions about disabilities or health conditions.

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