he purpose of this publication is to provide general information to housing providers, applicants and tenants about the rights and protections that individuals with disabilities have under the law to ask for reasonable accommodations or reasonable modifications in residential housing. These rights come from the federal Fair Housing Act (42 U.S.C. §§ 3601-19) and Oregon state statutes (ORS Chapter 659a). These laws cover any type of residential dwelling, including but not limited to:
• Publicly and privately owned rental units
• Dwellings governed by homeowners or condominium associations
We use the term rental unit throughout, but the same principles apply to any other type of covered residential housing.
This Handbook is not a substitute for legal advice. Federal and state law can change at any time. Contact Disability Rights Oregon or consult with an attorney in your community if you require further information.
The federal Fair Housing Act (42 U.S.C. §§ 3601-19) prohibits discrimination in housing practices on the basis of race, color, religion, sex, national origin, familial status, and disability.
Though the FHA uses the term handicap, we use the term disability, which has the identical legal meaning.
Discrimination is treating an individual or a group of people differently than other people under the same or similar circumstances, or denying an individual or a group of people benefits or privileges provided to other people.
The FHA prohibits housing providers from discriminating against people because of their disabilities in numerous ways.
Housing providers cannot refuse to make reasonable accommodations that are necessary for an individual with a disability to have an equal opportunity to apply for or use and enjoy a rental unit, even if that means treating the individual with a disability differently. This covers all common areas, and any other included services and amenities.
For example, allowing a tenant’s caregiver to access the laundry facility to do laundry on the tenant’s behalf is a reasonable accommodation.
Housing providers must allow a tenant with a disability to make reasonable modifications to the structure of a rental unit or common areas. Sometimes, housing providers have to make the changes. Either way, the tenant has to have full use and enjoyment of the unit and other included services or amenities of the property
Disability is defined under state and federal fair housing law as a physical or mental impairment that substantially limits an individual in one or more major life activities.
Individuals whose disability is the result of current illegal drug use are not protected, but individuals with a history of illegal drug use who are no longer using drugs are protected. Fair housing law prohibits discrimination against people solely because of impairments related to alcoholism.
A reasonable accommodation is a request to make an accommodation or change in rules, policies, practices, or procedures to allow an individual with a disability an equal opportunity to use and enjoy a unit.
For example, waiving a no pets policy for an individual with a disability who requires an assistance animal because of their disability is a reasonable accommodation. See What is an assistance animal according to fair housing law?
Federal and state fair housing laws give both tenants and applicants who have disabilities the right to request reasonable accommodations in rules, policies, practices, or procedures from housing providers if the changes make it possible for them to:
These protections cover any type of residential dwelling, including publicly and privately owned rental units, dwellings governed by homeowners or condominium associations, and retirement centers.
A reasonable modification is a physical change to the public or common use areas of a building or a physical change to a dwelling unit.
For example, installing a ramp for an individual who uses a wheelchair or grab bars in bathroom are reasonable modifications.
Federal and state fair housing laws give both tenants and applicants who have disabilities the right to request permission to make, or request the landlord to provide, reasonable modifications to the structure of the rental unit or the common areas.
If the housing is private, the tenant has to pay but the landlord must permit the alteration.
If it is a housing authority project-based Section 8 property or projectbased Section 8 federally-funded housing, the landlord has to pay for the modification.
All accommodations and modifications have to be decided on a case-by-case basis, because determining what is reasonable depends on many factors.
In fair housing law, “reasonable” has been defined by the courts as an accommodation or modification that does not:
Make your request as soon as you find a need for an accommodation or modification.
A housing provider is only required to make an accommodation if they’ve been notified of your need. Individuals with disabilities are entitled to ask for reasonable accommodations at any time during the housing application process or during a tenancy, up to and including eviction proceedings.
You don’t have to use the words “reasonable accommodation” or “reasonable modification,” but you do have to indicate that a change or exception to a rule, policy, practice, or procedure or a structural modification would help you more effectively use and enjoy your unit. See Model Letters #1-11 .
Put all your requests in writing and ask for written responses, so that you have documentation in case there is a dispute later on in the process.
Housing providers can ask you to provide documentation from a professional, a statement that you as an applicant or tenant have a disability and that your disability results in one or more functional limitations. This is called a disability verification letter. See the Checklist for Disability Verification Letters .
The letter needs to state that the requested accommodation or modification is necessary because of your disability, and that it will allow you to enjoy the unit and any amenities or services included with the rental equally to other tenants, as well as to abide by the rules. In other words, a housing provider can seek information about how your requested accommodation or modification relates to your functional limitations and how the accommodation or modification will allow you to have equal access to the housing.
A housing provider cannot inquire into the nature or extent of your disability, or require you as an applicant or tenant to release your medical records.
Housing providers can require that the verification come from a qualified professional, but they cannot require that it be a medical doctor. Include a disability verification letter with your written reasonable accommodation or modification request even if you are not asked for one. You can have any professional familiar with you and your disability-related needs write the letter.
Whether you are an applicant or a tenant, you and your housing provider should work together, engaging in what is called the interactive process. This means starting a dialogue and negotiating to come up with a solution that meets both your needs and the needs of your housing provider.
As the person with the disability, you are usually the best source of information on how to adapt the environment through accommodations or modifications that address your functional limitations.
Your housing provider is entitled to propose different accommodations or modifications they believe are less costly or administratively burdensome and equally effective in removing the barriers to your tenancy.
No. Under fair housing law, there is no limit to the number of reasonable accommodations or modifications you can request as an individual with a disability.
A housing provider has to consider each request on its own merits and agree to the request, unless the proposed reasonable accommodation or modification meets certain criteria.
The burden is on the housing provider to prove that one or more of the above criteria applies to deny a request.
No. A person using a wheelchair for mobility is no more likely to cause damage to a unit than anyone else.
If you are a wheelchair user and you cause damage to your unit beyond regular wear and tear, regardless of whether the damage is the result of the wheelchair, you will probably have to cover the damage out of the standard security deposit charged to everyone.
No. A person using a wheelchair for mobility is no more likely to cause damage to a unit than anyone else.
If you are a wheelchair user and you cause damage to your unit beyond regular wear and tear, regardless of whether the damage is the result of the wheelchair, you will probably have to cover the damage out of the standard security deposit charged to everyone.
No. It is unlawful discrimination for a housing provider to refuse to rent to a person because of his or her disability, mental or physical, as long as they are eligible.
Payment depends on whether the request is an accommodation or a modification.
Housing providers may ask that your modified unit be restored to its previous condition if the modifications make the unit less marketable.
Housing providers have the right to ask that the modifications be done in a professional manner.
For example, a landlord may require that bathroom grab bars be removed, but may not require that invisible extra supports put inside the walls to hold the grab bars also be removed. Doorways that have been widened do not need to be narrowed. You are not required to return a common area to its previous condition.
Parking is an amenity. Housing providers are required to provide accessible parking for tenants who need it, and should have policies regarding approval for disabled parking. Make a reasonable accommodation request regarding parking just as you would for any other accommodation.
Under state and federal fair housing law, an assistance animal performs functions for an individual with a disability that compensate for his or her disability-related functional limitations. Protection by fair housing law does require an assistance animal meet certain criteria.
An assistance animal is not a pet, therefore, the animal is not subject to a housing provider’s pet rules. For example, size or weight restrictions in the pet rules do not apply to assistance animals.
Under fair housing law, the terms assistance animal, emotional support animal, companion animal, therapy animal, and service animal have the identical legal meaning. We use the term assistance animal.
Most people are familiar with seeing eye dogs used by individuals who are blind. Signal dogs alert individuals with hearing impairments to sounds like smoke detector alarms and knocks at the door. Dogs often pull wheelchairs, pick up items and maintain balance for individuals with mobility impairments.
Cats, dogs and many other kinds of animals can provide emotional support to individuals with mental disabilities, alleviating anxiety, depression, stress and other symptoms of mental illness that can interfere with an individual’s ability to live independently. It is necessary to demonstrate the relationship between an individual’s ability to function and the companionship of the animal.
For example, an assistance animal offering psychological support to a person with post-traumatic stress disorder is equivalent to a caregiver providing housekeeping services to a person with an orthopaedic impairment that limits mobility.
No. Under federal fair housing law, an assistance animal does not require certification or any kind of special equipment, identification or tags.
No. Assistance animals are not pets under fair housing law and therefore a housing provider’s pet rules do not apply.
Housing providers are prohibited from charging a person with a disability a pet deposit or fee in order to keep an assistance animal.
If your assistance animal causes damage to your unit beyond regular wear and tear, you will have to cover the damage out of the standard security deposit charged to everyone.
No. Under fair housing law, there is no limit to the number of assistance animals a person with a disability can have.
A housing provider has to consider each request for an assistance animal on a case-by-case basis just like any other reasonable accommodation request.
Individuals with disabilities requesting reasonable accommodations or modifications for their housing will in most cases need a letter written by a professional verifying their need for a reasonable accommodation or modification. This is called a disability verification letter.
The disability verification letter should include the following four items:
Example: I, [professional person’s name] am a [physician, health care professional, other professional] and have the following credentials: [MD, MSW, PhD].
Example 1: I have treated [applicant or tenant’s name] since [date]. I have evaluated and/or treated [applicant or tenant’s name] [number] times in the last 12 months
Example 2: I have not seen [applicant or tenant’s name] in the last 12 months; the last time I evaluated and/or treated [him or her] was [date]. However, I believe [his or her] condition would not have changed.
You do no need to disclose a diagnosis. Keep the individual’s diagnosis confidential with a statement verifying his or her physical or mental disability along with a description of their resulting functional limitations. That is legally sufficient to verify the need for a reasonable accommodation or modification.
Example 1: Mary has a disability that makes it difficult to walk and leaves her unable to carry items such as a bag of groceries or a basket of laundry more than 20 feet.
Example 2: Jim has a disability that makes it very difficult for him to maintain his emotional stability at a level that enables him to function independently in stressful or unfamiliar situations.
Example 3: Alberto’s impairment makes it impossible for him to climb stairs.
Example 1: My opinion as Mary’s treating physician is that Mary requires a designated parking spot next to her apartment so that she is able to do her shopping and other household tasks independently like everyone else.
Example 2: My opinion as Jim’s mental health therapist is that Jim requires an assistance animal to keep him company and provide the emotional and psychological support he needs in order to live by himself in an apartment.
Example 3: As Alberto’s physical therapist, my professional opinion is that he needs to be allowed to move to a downstairs unit that does not have steps
[Name of professional (therapist, physician, psychiatrist)]
[Address]
[City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
[Full name of patient] is my patient, and has been in my care since [date]. I am thoroughly familiar with his/her medical history and with the substantial functional limitations of his/her disability.
Due to mental illness, [Mr./Ms. and patient’s last name] has certain limitations regarding [social interaction/coping with stress/anxiety]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the rental unit you own and/or administer, I am prescribing an assistance animal that will assist [patient’s full name] in coping with his/her disability.
[Professional’s Signature]
[Name of Professional]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am [applying to become a tenant/a tenant] at [address]. Although you have a no pets policy, my [your physician, psychiatrist] has prescribed me an assistance animal to help me cope with the functional limitations I experience that are directly related to my disability, and to enhance my ability to live independently and to fully use and enjoy the rental unit you own and/or administer.
I am requesting that you modify your no pets policy to permit me to have the assistance animal recommended by my physician as a reasonable accommodation under the Fair Housing Act.
Attached please find documentation from my [your professional (physician, psychiatrist)] of my disability and the functional limitations I experience as a result, as well as a prescription for an assistance animal to help me cope with my disability. The animal need not be certified or trained to perform this service for me.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am a tenant at [address]. I require someone to live with me in my apartment as a caregiver due to my disability.
I am requesting that you modify your rules regarding [over-housing/household income] to permit me to have an in-home caregiver as a reasonable accommodation under the Fair Housing Act. If it is necessary for my caregiver and I to sign documents verifying that my caregiver’s income will not be used for the household and therefore not be used in rent calculations, we would be happy to do so.
Attached please find documentation from my [your professional (physician, psychiatrist)] of my disability and the functional limitations I experience as a result.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am applying to be a tenant at [address]. I have poor credit history due solely to my disability. My poor credit is the result of hospital bills which I incurred for treatment of my disability.
I am requesting that you modify your rules regarding credit history and disregard my poor credit as a reasonable accommodation under the Fair Housing Act. I am enclosing proof that I have sufficient income to cover rent. If necessary, I can arrange to have a co-signer on my lease.
Attached please find documentation from my [your professional (physician, psychiatrist)] of my disability and proof of my ongoing treatment.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am applying to be a tenant at [address]. I have poor references due solely to my disability. My poor references are the result of conduct I exhibited while not in treatment for my disability. At this time, I am in treatment and have been for [period of time you have been receiving proper medical treatment for your disability].
I am requesting that you modify your rules regarding references and disregard my poor references as a reasonable accommodation under the Fair Housing Act.
Attached please find documentation from my [your professional (physician, psychiatrist)] of my disability and proof of my ongoing treatment, as well as a statement that as a result, my conduct is not likely to recur.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am applying to be a tenant at [address]. I have a criminal record due solely to my disability. At this time, I am in treatment and have been for [period of time you have been receiving proper medical treatment for your disability].
I am requesting that you modify your rules regarding criminal history and disregard my criminal record as a reasonable accommodation under the Fair Housing Act.
Attached please find documentation from my [your professional (physician, psychiatrist)] of my disability and proof of my ongoing treatment. In addition, please find attached documentation from my [your professional (attorney, judge)] that my crime was the result of my disability, that I have received effective treatment and as a result will not re-offend.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am a tenant at [address]. At this time, I am actively seeking proper medical treatment for my disability, lack of which caused me to [pay my rent late/argue with neighbors/make loud noises/be disruptive].
I am requesting that you modify your [rent payment/occupancy rules/eviction] policy to permit me six weeks to find and resume medical treatment as a reasonable accommodation under the Fair Housing Act.
Attached please find documentation from my [your former professional (physician, psychiatrist)] of my disability and the functional limitations I experience as a result. It has been my experience that once I resume treatment, the disability-related conduct I exhibited is unlikely to recur.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am a tenant at [address]. I received a 30-day eviction notice on [date]. I require additional time to find another apartment and move out due to my disability.
I am requesting that you modify your eviction policy to permit me 60 days to find another apartment and move out as a reasonable accommodation under the Fair Housing Act.
Attached please find documentation from my [your professional (physician, psychiatrist)] of my disability and the functional limitations I experience as a result.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am a tenant at [address]. I require a designated parking space near my unit due to my disability.
I am requesting that you modify your rules regarding [parking assignments] and provide me with a designated parking space near my unit as a reasonable accommodation under the Fair Housing Act.
Attached please find documentation from my [your professional (physician, psychiatrist)] of my disability and the functional limitations I experience as a result.
Please reply in writing regarding this request for an accommodation within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am a tenant at [address]. I have a physical disability that affects my balance and makes me unsteady on my feet. As a result, I need to install grab bars in my bathroom around the toilet and shower.
I am writing to ask your permission to do so. The work will be done by [name of person, contractor] and will be done in a professional manner.
Attached please find documentation from my [your physician] verifying my disability and its functional impact on me.
Please reply in writing regarding this request for a reasonable modification within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Date of the letter]
[Name of Apartment Manager/Housing Authority/Landlord]
[Housing Complex]
[Address]
[City, State, Zip Code]
Dear [Apartment Manager/Housing Authority/Landlord]:
I am a tenant at [address]. I have a physical disability that requires that I use a wheelchair for mobility. As a result, I cannot use the stairs as an entryway to my unit.
I am writing to ask that you construct a ramp, in compliance with federal accessibility regulations, so that I can enter my unit.
Attached please find documentation from my [your physician] verifying my disability and its functional impact on me.
Please reply in writing regarding this request for a reasonable modification within 10 business days. Thank you for your consideration and I look forward to receiving your reply.
Sincerely,
[Your Signature]
[Your Name]
Fair Housing Council of Oregon
Provides education and outreach services explaining fair housing laws, as well as enforcement and investigations regarding complaints received for Oregon and Clark County, Washington.
1221 SW Yamhill St. #305 | Portland, Oregon, 97205
Voice: 503-223-8197 | Fax: 503-223-3396
E-mail: information@fhco.org
Website: www.fhco.org
Fair Housing Accessibility FIRST
Promotes compliance with the Fair Housing Act design and construction requirements, offering comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support.
Voice/TTY: 1-888-341-7781
Website: www.fairhousingfirst.org
Disability Rights Oregon (DRO)
DRO empowers individuals with information and tools for successful selfadvocacy, provides legal representation and promotes policies that benefit all Oregonians with disabilities.
610 SW Broadway, Suite 200 | Portland, OR 97205
Voice: 503-243-2081 or 1-800-452-1694 Fax: 503-243-1738
E-mail: welcome@disabilityrightsoregon.org
Website: www.disabilityrightsoregon.org
Oregon Bureau of Labor and Industries (BOLI)
BOLI promotes the development of a highly-skilled, competitive workforce in Oregon, protects the rights of workers and citizens to equal, non-discriminatory treatment, encourages and enforces compliance with state laws relating to wages, hours, terms and conditions of employment, and advocates for policies that balance the demands of the workplace and employers with the protections of workers and their families. Oregonians who feel they have been discriminated against or who have not received their proper wages can contact BOLI for information and for help filing a complaint. BOLI has five regional offices.
800 NE Oregon Street, Suite 1045 | Portland, OR 97232
Voice: 971-673-0761 | TTY: 971-673-0766 | Fax: 971-673-0762
E-mail: boli.mail@state.or.us
Website: www.oregon.gov/BOLI
US Department of Housing and Urban Development (HUD) – Oregon
HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination.
400 SW Sixth Avenue, Suite 700 | Portland, OR 97204
Voice: 971-222-2600 | TTY: 971-222-2625 | Fax: 971-222-0357
E-mail: or_webmanager@hud.gov
Website: www.hud.gov
US Department of Justice (DOJ) – Fair Housing
Under the Fair Housing Act, DOJ may bring lawsuits where a person or entity is engaged in a pattern or practice of discrimination or where a denial of rights to a group of persons raises an issue of general public importance. DOJ also brings cases where HUD has issued a charge of discrimination and one of the parties to the case elects to go to federal court.
Civil Rights Division | 950 Pennsylvania Avenue, NW
Housing and Civil Enforcement Section, NWB | Washington, DC 20530
Voice: 1-800-896-7743 | TTY: 202-305-1882 | Fax: 202-514-1116
E-mail: fairhousing@usdoj.gov
Website: www.usdoj.gov/crt/housing/fairhousing
Written 2008
by McKenna Lebens, Information Specialist, Kathy Wilde, Attorney
Copyright © 2008 Disability Rights Oregon
511 SW 10th Ave, Suite 200, Portland OR 97205
Voice: 503-243-2081 or 1-800-452-1694
Fax: 503-243-1738
E-mail: welcome@droregon.org
Website: www.droregon.org
Disability Rights Oregon is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. Contributions are tax-deductible and will be used to promote the rights of Oregonians with disabilities.
Funding for this Handbook was provided by Social Security’s Protection & Advocacy for Beneficiaries of Social Security (PABSS) Program. The contents of this Handbook are the sole responsibility of Disability Rights Oregon and do not necessarily represent the official views of the Social Security Administration.
Portions of this document may be reproduced without permission, provided that Disability Rights Oregon is appropriately credited.
NOTICE: This document is not intended as a substitute for legal advice. Federal and state law can change at any time. You may wish to contact Disability Rights Oregon or consult with an attorney in your community if you require further information.