What is a “reasonable accommodation” under Fair Housing Law?
A reasonable accommodation is a type of change to a housing policy or practice that allows someone with a disability the same access and opportunity to a dwelling as those without a disability. Under the Fair Housing Law, it is illegal for a landlord to refuse to make reasonable accommodations for people with disabilities in both public and private housing. In New Hampshire, the law requires that landlords make reasonable accommodations to allow a person with disabilities full use and enjoyment of the property. This includes allowing the person with a disability to make modifications to the property, such as a ramp to make the building more accessible or special keys for door locks. The landlord is also required to make reasonable exceptions to the rules, policies, and practices that are generally applicable to all tenants, as long as these exceptions do not create an undue financial or administrative burden or require a fundamental alteration. For example, it could include allowing a tenant to keep an assistance animal despite a “no pets” policy or an exception to a parking policy. In order for a reasonable accommodation to be granted, the person requesting it must provide documentation to prove their disability and how the requested change is necessary. The landlord and the tenant must then work together to find an agreement that meets the needs of both parties.
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