C.F.R. » Title 24 » CHAPTER I—OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT › Subpart D—Prohibition Against Discrimination Because of Handicap

24 C.F.R. § 100.203

Reasonable modifications of existing premises

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) It shall be unlawful for any person to refuse to permit, at the expense of a handicapped person, reasonable modifications of existing premises, occupied or to be occupied by a handicapped person, if the proposed modifications may be necessary to afford the handicapped person full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for handicapped persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

(b) A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.

(c) The application of paragraph (a) of this section may be illustrated by the following examples:

Example (1):A tenant with a handicap asks his or her landlord for permission to install grab bars in the bathroom at his or her own expense. It is necessary to reinforce the walls with blocking between studs in order to affix the grab bars. It is unlawful for the landlord to refuse to permit the tenant, at the tenant's own expense, from making the modifications necessary to add the grab bars. However, the landlord may condition permission for the modification on the tenant agreeing to restore the bathroom to the condition that existed before the modification, reasonable wear and tear excepted. It would be reasonable for the landlord to require the tenant to remove the grab bars at the end of the tenancy. The landlord may also reasonably require that the wall to which the grab bars are to be attached be repaired and restored to its original condition, reasonable wear and tear excepted. However, it would be unreasonable for the landlord to require the tenant to remove the blocking, since the reinforced walls will not interfere in any way with the landlord's or the next tenant's use and enjoyment of the premises and may be needed by some future tenant.Example (2):An applicant for rental housing has a child who uses a wheelchair. The bathroom door in the dwelling unit is too narrow to permit the wheelchair to pass. The applicant asks the landlord for permission to widen the doorway at the applicant's own expense. It is unlawful for the landlord to refuse to permit the applicant to make the modification. Further, the landlord may not, in usual circumstances, condition permission for the modification on the applicant paying for the doorway to be narrowed at the end of the lease because a wider doorway will not interfere with the landlord's or the next tenant's use and enjoyment of the premises.
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1991–2025 · leading case: Hugee v. Kimso Apts., LLC, 852 F. Supp. 2d 281 (E.D.N.Y 2012).
Sort: Relevance Newest Treatment
Hugee v. Kimso Apts., LLC, 852 F. Supp. 2d 281 (E.D.N.Y 2012). · cites it 2× “See 24 C.F.R. § 100.203 . The FHA also prohibits retaliation for the exercise of FHA rights: "It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of…”
Evans v. Forkids, Inc., 306 F. Supp. 3d 827 (E.D. Va. 2018). · cites it 2× “ts for a reasonable accommodation under § 3604(f)(3)(B) : (1) a blind applicant for rental housing requesting an exception to the "no pets policy" to accommodate his service dog; and (2) a mobility impaired applicant for housing requesting an exception to the "first come first…”
Bachman v. Swan Harbour Assocs., 653 N.W.2d 415 (Mich. Ct. App. 2002). “17 42 USC 3604(f)(3)(A) is substantially identical with 24 CFR 100.203(a). 18 We recognize that the trial court did not have the benefit of our holdings in this decision regarding the pwdcra as it relates to housing discrimination claims.”
Lincoln Realty Mgmt. Co. v. Pennsylvania Human Relations Comm'n, 598 A.2d 594 (Pa. Commw. Ct. 1991). · cites it 3× “24 C.F.R. 100.203(a) (1991). The landlord may also condition permission for a modification on the renter’s provision of a reasonable description of the proposed modifications, as well as reasonable assurances that the work will be done in a workmanlike manner.”
Samuelson v. Mid-Atl. Realty Co., Inc., 947 F. Supp. 756 (D. Del. 1996). “24 C.F.R. § 100.203 (a). Keeping in mind a lease is a contract, the duration of the contract, and how the obligations of a party under the contract can be fulfilled, are terms of the contract itself.”
Howard v. City of Beavercreek, 108 F. Supp. 2d 866 (S.D. Ohio 2000). “And, under 24 C.F.R. § 100.203 (a): It shall be unlawful for any person to refuse to permit,.”
Hollis v. Chestnut Bend Homeowners Ass'n, 974 F. Supp. 2d 1096 (M.D. Tenn. 2013). “2013); see also 24 C.F.R. § 100.203 ; Joint Statement of HUD and DOJ, Reasonable Modifications under the Fair Housing Act (Docket No.”
C.R. v. PLB Mgmt. LLC (C.D. Cal. 2023). · cites it 2× “” Sturm, 8 2013 WL 8604662 , at *9 (discussing 24 C.F.R. § 100.203 (c)). Courts in this district 9 have thus found “modifications” under 42 U.”
Maple Tree LP, II v. Rachel Rebollo (Ind. Ct. App. 2025). · cites it 2× “” 24 C.F.R. § 100.203 (a). [19] Landlords point to the following portion of Rebollo’s deposition transcript to support their contention that Rebollo was asking for a physical change to her Unit that should be construed as a request for a reasonable modification: Q.”
Hughes v. Bransfield, 84 Va. Cir. 214 (Fairfax Cir. Ct. 2012). “24 C.F.R. § 100.203 (a). Keeping in mind a lease is a contract, the duration of the contract and how the obligations of a party under the contract can be fulfilled are terms of the contract itself.”
Timmons v. Kingsley-Johnston, Inc (N.D.N.Y. 2020). “” 24 C.F.R. § 100.203 (b). Defendants assert that they did exactly that and “had every right” to do so.”
— 24 C.F.R. § 100.203(a) — 2 cases
Bachman v. Swan Harbour Assocs., 653 N.W.2d 415 (Mich. Ct. App. 2002). “17 42 USC 3604(f)(3)(A) is substantially identical with 24 CFR 100.203(a). 18 We recognize that the trial court did not have the benefit of our holdings in this decision regarding the pwdcra as it relates to housing discrimination claims.”
Lincoln Realty Mgmt. Co. v. Pennsylvania Human Relations Comm'n, 598 A.2d 594 (Pa. Commw. Ct. 1991). “24 C.F.R. 100.203(a) (1991). The landlord may also condition permission for a modification on the renter’s provision of a reasonable description of the proposed modifications, as well as reasonable assurances that the work will be done in a workmanlike manner.”
— 24 C.F.R. § 100.203(b) — 1 case
Lincoln Realty Mgmt. Co. v. Pennsylvania Human Relations Comm'n, 598 A.2d 594 (Pa. Commw. Ct. 1991). “24 C.F.R. 100.203(a) (1991). The landlord may also condition permission for a modification on the renter’s provision of a reasonable description of the proposed modifications, as well as reasonable assurances that the work will be done in a workmanlike manner.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.