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Competition Realty Virginia Real Estate Broker ~Virginia Beach Norfolk Chesapeake ~ Competition Realty: Houses 4 Rent

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 Who is responsible for the expense of making a reasonable modification?

Houses 4 Rent

The Fair Housing Act provides that while the housing provider must permit the modification, the tenant is responsible for paying the cost of the modification.

Example 1: A tenant, whose arthritis impairs the use of her hands and causes her substantial difficulty in using the doorknobs in her apartment, wishes to replace the doorknobs with levers. Since there is a relationship between the tenant’s disability and the requested modification and the modification is reasonable, the housing provider must allow her to make the modification at the tenant’s expense.

Example 2: A homeowner with a mobility disability asks the condo association to permit him to change his roofing from shaker shingles to clay tiles and fiberglass shingles because he alleges that the shingles are less fireproof and put him at greater risk during a fire. There is no evidence that the shingles permitted by the homeowner’s association provide inadequate fire protection and the person with the disability has not identified a nexus between his disability and the need for clay tiles and fiberglass shingles. The homeowner’s association is not required to permit the homeowner’s modification because the homeowner’s request is not reasonable and there is no nexus between the request and the disability.



Posted by david on Saturday, September 24 @ 04:49:59 MST (5604 reads)
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 What is a reasonable modification under the Fair Housing Act?

Houses 4 Rent

What is a reasonable modification under the Fair Housing Act?

A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. A request for a reasonable modification may be made at any time during the tenancy. The Act makes it unlawful for a housing provider or homeowners’ association to refuse to allow a reasonable modification to the premises when such a modification may be necessary to afford persons with disabilities full enjoyment of the premises.

To show that a requested modification may be necessary, there must be an identifiable relationship, or nexus, between the requested modification and the individual’s disability. Further, the modification must be “reasonable.” Examples of modifications that typically are reasonable include widening doorways to make rooms more accessible for persons in wheelchairs; installing grab bars in bathrooms; lowering kitchen cabinets to a height suitable for persons in wheelchairs; adding a ramp to make a primary entrance accessible for persons in wheelchairs; or altering a walkway to provide access to a public or common use area. These examples of reasonable modifications are not exhaustive.



Posted by david on Saturday, September 24 @ 04:45:07 MST (6129 reads)
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 Renter's Due Diligence Duty

Houses 4 RentAnonymous writes "BROKERS; DUTY TO WARN: Even though a broker's duty to warn of hazardous conditions at a property is not limited to instances where a broker is holding an open house for potential buyers, where a broker arranges for a rental, but the renters had ample time to inspect the property themselves to find any dangerous conditions, the broker will not be liable for injuries resulting from the dangerous condition at the property.

Reyes v. Egner, 201 N.J. 417, 991 A.2d 216 (2010); April 8, 2010.

"

Posted by david on Thursday, September 02 @ 09:12:01 MST (8853 reads)
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