If you work with rental properties—whether you're listing them, managing them, or helping clients find tenants—you’ll eventually encounter a situation involving a renter with a disability. When that happens, it’s crucial to know the difference between a reasonable modification and a reasonable accommodation, and what your obligations are under the Fair Housing Act.
Navigating this area with confidence isn’t just about staying compliant with federal law—it’s about providing inclusive service and ensuring equal access to housing for everyone. And if you’re brushing up on the latest legal standards through real estate continuing education or online real estate CE, this is a topic that’s likely to come up.
Let’s walk through what you need to know.
What Is a Disability Under the Fair Housing Act?
According to the U.S. Department of Housing and Urban Development (HUD), a person is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities. This includes (but isn’t limited to):
- Mobility impairments (e.g., requiring a wheelchair or walker)
- Vision or hearing impairments
- Mental health disorders
- Developmental disabilities
- Chronic illnesses like diabetes or epilepsy
- Recovery from addiction (but not current illegal drug use)
Fair housing laws require housing providers—including landlords, property managers, and yes, even real estate agents working with rentals—to make reasonable accommodations and modifications when necessary to give people with disabilities equal opportunity to use and enjoy a dwelling.
(See HUD’s definition of disability)
What’s the Difference Between a Reasonable Accommodation and a Reasonable Modification?
Reasonable Accommodation = a change in rules, policies, or services
Reasonable Modification = a physical change to the property
Here’s how to tell them apart.
✅ Reasonable Accommodations might include:
- Allowing a service animal in a pet-restricted apartment
- Granting an assigned parking spot closer to the unit
- Letting a tenant pay rent on the 5th instead of the 1st due to a disability-related income schedule
- Communicating by email instead of phone due to a hearing impairment
🛠️ Reasonable Modifications might include:
- Installing grab bars in a bathroom
- Widening doorways to accommodate a wheelchair
- Lowering kitchen cabinets
- Adding a ramp to the building entrance
It’s easy to mix them up—but understanding the distinction helps agents answer tenant questions correctly and advocate effectively for fair treatment.
Who Pays for What?
This is one of the most common questions rental agents get. Here’s the breakdown:
- Tenants typically pay for reasonable modifications and are also responsible for returning the unit to its original condition if the change affects future usability (e.g., removing a ramp).
- Landlords must pay for reasonable accommodations because these involve changes in policy—not physical alterations—and don’t require reimbursement.
Example:
A tenant with a visual impairment asks to keep a guide dog in a “no pets” apartment. That’s a reasonable accommodation and the landlord must allow it (and can’t charge a pet deposit) under the law. If that same tenant asks to have a tactile doorbell installed, that’s a modification—and the tenant would pay for it.
(For more info, see HUD’s Reasonable Modifications Notice)
What Real Estate Agents Need to Know
As an agent, you may not be the property owner or manager, but you’re often the first point of contact for a prospective tenant. That’s why your knowledge matters.
✅ Know the law
Federal law prohibits housing discrimination based on disability—and that includes failing to allow reasonable accommodations or modifications. Most real estate license renewal courses that include fair housing content cover this topic in depth.
✅ Respond professionally to requests.
If a tenant or applicant mentions a disability or asks for a change, don’t dismiss it or make assumptions. Your role is to listen, document, and communicate the request to the property owner.
✅ Avoid illegal screening questions
You can’t ask if someone has a disability or what kind. You can ask if they meet the requirements of the lease and if they’re requesting a modification or accommodation, you can ask for documentation only if the disability is not obvious.
✅ Understand when documentation is needed.
If someone requests a modification or accommodation and their disability is not apparent, the landlord is allowed to ask for reliable verification from a medical or service provider—not personal medical records. Be careful not to cross the line by requesting more than what the law allows.
Modern-Day Example: Emotional Support Animals (ESAs)
One of the most common accommodation requests today involves emotional support animals (ESAs). These are not the same as trained service animals and are protected under the Fair Housing Act, not the ADA.
Important distinction:
A landlord must allow a legitimate ESA even if the building has a no-pet policy—but can ask for documentation from a healthcare provider stating that the animal is part of the person’s treatment plan.
As an agent, don’t assume an ESA is “just a pet”—and don’t promise that it won’t be a problem unless you’ve confirmed with the property owner.
(For more details, check HUD’s guidance on assistance animals)
Avoiding Discrimination Complaints
Failing to accommodate a disability is a violation of the Fair Housing Act and can lead to HUD complaints, legal fees, and major reputational damage.
Quick Tip for Agents:
Always treat every inquiry as a professional interaction. Use neutral, inclusive language, and if you’re unsure, consult the property owner or refer the question to a fair housing attorney or housing authority.
These are the kinds of scenarios that pop up in the field but don’t always make it into traditional training. That’s why so many agents benefit from continuing education for real estate agents—especially courses focused on fair housing in rental settings.
Final Thoughts
Whether you’re managing properties directly or simply helping match renters with landlords, knowing how to navigate reasonable accommodations and modifications is key to providing great service—and protecting yourself legally.
Fair housing compliance is about more than following rules—it’s about making sure every renter gets a fair shot at housing, regardless of their physical or mental health challenges.
Need a quick refresh on fair housing? Consider Empire Learning’s online CE courses:
- Fair Housing (3 hours CE credit): Learn the fundamentals of fair housing law, including disability rights and protected classes.
- Fair Housing: Confronting Racial Discrimination (4 hours CE credit): Go deeper into systemic issues and learn how to spot and stop discrimination in your real estate practice.
Both courses are fully online, self-paced, and designed for busy professionals looking for affordable real estate CE online that’s practical and relevant.
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For real estate professionals, understanding these concepts can be particularly valuable during discussions with clients about why REALTORS® and real estate agents are knowledgable professionals.
If you’re preparing for your Real Estate Continuing Education or looking to enhance your knowledge through a Real Estate Course, topics like fair housing and confronting racial discrimination can help set you apart.
As part of your License Renewal Course or other Real Estate CE efforts, staying informed on foundational property concepts can make a big difference in your expertise and client relationships.