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Reasonable Accommodation under the Fair Housing and Amendments
i just found the above searching this forum, googled it but still have some questions.
my son is disabled and crawls around the apt., he also has allergies. his pediatrician did give me a letter stating due to his disability and history we would like the carpets removed.
should i expect to have to pay for this, if it is even granted? we live in a moderate income apartment and really want to stay here. the full retail apartments here have the vinyl flooring i would request to have installed in our unit. (the coah units aren't a quarter as nice as the full retail)
btw, we are on the first floor.
i just don't know in my original request along with doc note if i should let them know i am willing to incur some of the cost.
thanks for any advice.
edited to add the carpet here is really cheap and already coming apart at seems. we've been here for 2 years. i vacuum alot! and carpet fibers are always in the vacuum bin
If you read the actual laws (not guides or summaries) you will see numerous exceptions that protect a property owner from having to spend lots of money accommodating the occasional person with a medical issue.
Be prepared to pay for the flooring in full if you want it, though you might be able to negotiate a contribution from the landlord, especially if your lease is coming up for renewal.
I suggest you get an estimate from a flooring company for the job. Once you find out the price you'll understand why the landlord doesn't have to do it nor will want to do it.
Be prepared to move when your lease is up if you can't get what you want. Otherwise you have no leverage.
we live in a moderate income apartment and really want to stay here. the full retail apartments here have the vinyl flooring i would request to have installed in our unit. (the coah units aren't a quarter as nice as the full retail)
So you live in subsidized housing? I would talk to the management and invite them in to see the carpet. If it really does need replacing, they might agree to do it. If it's in good shape, you might offer to pay half or if they balk at that, then you pay. If you start making demands based on your son's continuing or newly developed issues, be prepared to run the risk of being asked to move when your lease is up. It's sad that your son is disabled, but he is ultimately your son and your responsibility.
no it's coah, coalition for affordable housing. new buildings are required to do this if there are no enough in the town.
it's like we won the lottery. it's low, moderate income. our income is not that low, we would never qualify for something like section 8, government assistance.
if my lease wasn't renewed after such a request then what else would be the reason?
why do i feel that i'm being attacked?
my son falls under being disabled by the state. he crawls on the carpet bc he can't walk! he has allergies. i thought i would be getting answers re: my question, not feeling like i had to defend myself
i seriously think this is a reasonable accommodation re: what i am telling you..
JOINT STATEMENT OF
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE DEPARTMENT OF JUSTICE
REASONABLE ACCOMMODATIONS UNDER THE
FAIR HOUSING ACT
I see you still have not quoted anything that you read on hud.gov that makes you think that it would be in your favor.
Nonetheless, you have to expect to be partially, if not completely, responsible for the cost of any modifications. A LL/property owner is in no way expected to make modifications for everyone who becomes disabled or develops allergies, etc. They would go broke and belly up if they had to do that for everyone who needed a specific accommodation. Then that person moves out and those same modifications are not needed or wanted by the next person.
Let's say, as an example, that you were looking for places to live and you knew at that time about your son's allergies then you would keep looking until you found something that met your specifications. You surely wouldn't go to just any LL and say I will take the apt but I need this and this and that changed or modified in order to move in. A LL is not required or obligated to take on those additional expenses to accommodate everyone's needs. So you would keep looking until you found something that met your demands.
Same with someone who is already living somewhere like yourself. You accepted the apt as it was and now need modifications. The LL is by no means obligated to accommodate those needs if it is not financially feasible for them to do so. If they don't agree or you are not willing to pay or compromise then you will have to arrange to move to a place that has no carpet if it is that serious.
So, as others have said, it depends upon how old/worn the carpet is. If it is worn and aged out and needs to be replaced, or close to it, then the LL may agree to change it out to linoleum or some type of hard flooring for you but otherwise you can't expect him to do it at his expense and remove perfectly fine carpeting.
And it is not that anyone here is not understanding that your son's allergies are that serious nor are we trying to avoid that issue. We are just being realistic and giving you the facts. If you can quote something that you read that definitely says it can be done, then so be it. But we haven't seen anything yet and I can hardly believe there is anything that would force LLs to make those accommodations at their own expense.
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