Reasonable Accommodation vs Reasonable Modification in Property Management
It is crucial to comprehend the differences between reasonable accommodation vs reasonable modification in property management. For housing to be inclusive and accessible, especially for persons with disabilities. These concepts are essential. Nevertheless, they are frequently misinterpreted, which causes misunderstandings for both renters and property managers.
Bloom Property Management helps you examine reasonable accommodation vs reasonable modification in property management, emphasising how these variations affect rental investment.
What is Reasonable Accommodation?
Reasonable accommodations are adjustments or exceptions to laws, regulations, procedures, or services.
These modifications aim to ensure that people with disabilities can access and use their housing on an equal footing with others by adapting the way tasks and processes are carried out.
Critical Components of Reasonable Accommodation
When discussing reasonable accommodation, it's essential to understand the critical components that ensure accessibility and fairness for individuals with disabilities. Below are the key elements that form the foundation of effective accommodations in various settings.
Individualised Assessment
Each reasonable accommodation request must be considered individually. The individual with the disability's unique requirements should be considered first.
Not Unduly Burdensome
The landlord should not be subjected to excessive expenditure or hardship due to the accommodations. The definition of "undue hardship" varies depending on the situation and frequently calls for striking a balance between the tenant's requirements and the landlord's resources.
Interactive Process
To grant a request for reasonable accommodation, the landlord and the person with the disability usually have an interactive conversation. This procedure aids in identifying the best accommodation.
Legal Requirement
Under disability rights legislation, such as Canada's Ontario Human Rights Code, providing reasonable accommodations is required by law in many places. If you don't cooperate, there may be legal repercussions.
Confidentiality
The person's privacy and confidentiality must be respected when requesting and implementing reasonable accommodations. Sensitive information should be treated carefully during this procedure.
Read about the tenant contract Ontario.
What is Reasonable Modification?
A reasonable alteration physically alters the living area to allow a person with a disability to utilise and enjoy the property thoroughly. Reasonable modification necessitates structural modifications to the property.
Critical Components of Reasonable Adjustment
Physical Alterations: Physically changing the living environment is a reasonable adjustment. For instance, consider lowering counters, extending entrances to accommodate wheelchairs, and adding grab bars to toilets.
Purpose: These changes aim to enable people with disabilities to live comfortably and freely by ensuring they can fully use the housing and its amenities.
Resident's Responsibility: Residents are frequently responsible for covering the costs of appropriate modifications, especially in private homes. However, there are certain exceptions, particularly in housing that is subsidised by the government, in which case the housing provider could have to pay for it.
Permission from Housing Provider: Before making any changes, tenants frequently have to get permission from their landlords. However, landlords must often permit these adjustments under legislation such as the Ontario Human Rights Code.
Restoration Requirement: Depending on the circumstances, the resident may have to return the property to its former state after vacating, particularly if potential new renters consider the changes unreasonable.
Legal Protection: It is lawful for people with disabilities to ask for reasonable accommodations. When such alterations are required to enable the tenant to fully utilise and enjoy the rental property, landlords must provide permission.
Reasonable Accommodation vs Reasonable Modification in Property Management
Type of Change
Accommodation requires modifying procedures or rules.
Modification requires making tangible changes to the property.
Who Covers the Cost?
Accommodation: Since these adjustments entail modifying current policies or processes, the property owner usually incurs no costs.
Modification: Usually, the renter is responsible for the expense, but occasionally, the landlord or property owner could pitch in.
Lawful Structure
Human rights statutes, like the Ontario Human Rights Code, cover reasonable accommodation and reasonable modification. Depending on local laws and the kind of house in question, the details of each case may differ.
What Can Landlords Require Before Approving Accommodation or Modification?
Landlords have the right to obtain verification of a disabled before granting a request for a modification or reasonable accommodation, especially if the condition is not immediately evident.
A doctor's letter or paperwork from a trustworthy third party, such as a medical professional or a family member providing care for the individual, is acceptable proof.
In certain situations, the person may also self-verify, especially regarding requests to modify the rent payment date.
Read about the difference between rent and leasing.
The Bottom Line
Knowing the difference between reasonable accommodation vs reasonable modification in property management helps you create a more welcoming and accessible living space in addition to following the law. Property managers may foster a friendly neighbourhood that upholds everyone's rights by skillfully and compassionately attending to the needs of tenants with disabilities. Ultimately, it's about ensuring everyone can feel comfortable in their living area, regardless of their skills.