Question

A landlord rented an apartment to a person with a wheelchair. He allowed the tenant to install bath rails and replace the bathroom sink vanity with a pedestal sink with lever faucet handles. However, the landlord required the tenant to sign a restoration agreement that the accommodations would be restored to the former condition at the end of the lease because the vanity provided desirable storage space in the bathroom. In addition, he required the tenant to pay sufficient funds (over a period of time) into an escrow account to restore the bathroom. Has the landlord violated the Fair Housing Act?

Answer 1

The landlord may require reasonable restoration of property modifications made for a tenant with a disability; however, requiring a tenant to pay into an escrow account could be an issue if it creates an undue burden under the Fair Housing Act.

Step-by-step explanation:

The question pertains to whether a landlord has violated the Fair Housing Act by requiring a tenant with a disability to sign a restoration agreement and pay into an escrow account for future restorations. Under the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities, which may include allowing the installation of features such as bath rails or a pedestal sink. However, landlords are not necessarily required to pay for the accommodations. A key aspect of the Act is that the modification must be allowable, but the tenant can be required to return the property to its original state upon leaving, as long as this stipulation is reasonable and does not create a financial or administrative burden on the tenant. In this case, the landlord may not be violating the Act by requiring a restoration agreement but the requirement for the tenant to pay into an escrow account might be problematic if it creates an undue financial burden on the tenant.

Answer 2

No, the landlord can require a restoration agreement and the escrow account.

Step-by-step explanation:

The Fair Housing Act is a law that originated to put an end to discrimination in activities that belong to the category of housing. According to this act, every individual has the right to access a home, whether by renting, purchasing, or getting a loan for it and not being discriminated against for his/her religion, race, medical condition, etc. The landlord in the example has not violated the Fair Housing Act because he allowed the tenant to make the necessary modifications to the apartment so that the person could be completely comfortable.