Fair Housing - What Determines Reasonable Accommodations?

So, you have found the perfect rental property that you just love.  But, you need accommodations because of your disability that will allow you to enjoy the property.  What is the definition of “reasonable accommodations”?  Virginia state law 36-96.3:2 outlines what is reasonable and what isn’t.

According to Virginia law, your request is reasonable if:

• An accommodation is necessary to afford you an equal opportunity to use and enjoy the dwelling The accommodation does not impose an undue financial and administrative burden on the person receiving the request. 
• The accommodation does not impose a fundamental alteration to the nature of the operations of the person receiving the request
• If you can answer yes to each of the above, the request for the accommodation, according to the Virginia state law, is reasonable and shall be granted.

If the answer is “no” to any of the three statements above,

• The person receiving the request shall offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the requester.
• That being said the law further states that an interactive process is not required when the requester does not have a disability and a disability-related need for the requested accommodation.

The requester must establish the reasonableness and necessity for the accommodation.

• The landlord may request additional supporting documentation to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodations.
• If an alternative accommodation is identified that effectively meets the requester's disability-related needs and is reasonable, the person receiving the reasonable accommodation request shall make the effective alternative accommodation.

You, however, are not required to accept an alternative accommodation if the requested accommodation is also reasonable.

The various factors to be considered for determining whether an accommodation imposes an undue financial and administrative burden include:

• The cost of the requested accommodation, including any substantial increase in the cost of the owner's insurance policy.
• The financial resources of the person receiving the request.
• The benefits that the accommodation would provide to the person with a disability.
• The availability of alternative accommodations that would effectively meet the requester's disability-related needs.

It should be noted that reasonableness is determined on a case by case basis.

Requests can be denied if:

• The person on whose behalf the request for an accommodation was submitted is not disabled.
• There is no disability-related need for the accommodation
• The accommodation imposes an undue financial and administrative burden on the person receiving the request
• The accommodation would fundamentally alter the nature of the operations of the person receiving the request.

With respect to a request for reasonable accommodation to maintain an assistance animal in a dwelling, the requested assistance animal shall:

• Work, provide assistance, or perform tasks or services for the benefit of the requester or
• Provide emotional support that alleviates one or more of the identified symptoms or effects of such requester's existing disability.

Additionally, the person receiving the request can determine if the requested assistance animal shall not pose a clear and present threat of substantial harm to others or to the dwelling itself that is not solely based on breed, size, or type or cannot be reduced or eliminated by another reasonable accommodation.

Therefore, if you are denied a request for reasonable accommodations, check to ensure the request passes the “reasonable accommodations test” as outlined in the law. 

If you have any further questions, I would recommend that you contact a real estate attorney or the Department of Housing and Urban Development (HUD).