What is a reasonable modification?

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A reasonable modification means any change to the public or common use areas of a building or any change to a dwelling. Under the federal Fair Housing Act, discrimination because of a disability of the tenant, a person residing in or intending to reside in the property after it is rented or made available, or any person associated with the tenant, can include a refusal to permit, at the expense of the person having a disability, a reasonable modification of an existing premises occupied or to be occupied by the person if the modification is necessary to afford the person full enjoyment of the premises of a dwelling.

When reasonable, a property owner may condition permission for a modification on the tenant agreeing to: (1) restore the interior of the premises to the prior condition if reasonable to do so, reasonable wear and tear excepted; (2) provide a reasonable description of the proposed modification, as well as reasonable assurances that the work will be done in a workman-like manner and that any required building permits will be obtained; or (3) pay into an interest bearing escrow account, over a reasonable amount of time, a reasonable amount of money not to exceed the costs of restoration, if necessary to ensure funds are available for restoration. The interest accrues to the benefit of the tenant. An owner cannot increase the security deposit. Note: A resident cannot be charged for restoring common area modifications.

Source: TAR

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