Your Rights Under Fair Housing: A Guide to Accommodation and Modification Requests

The Two Types of Requests

Reasonable Accommodations are changes to rules, policies, or services. Examples include being granted permission to have an emotional support animal in a no-pet building, requesting an assigned parking space closer to the unit, or asking for a lease modification to allow a live-in caregiver. The change must be related to your disability and must not impose an undue burden on the property.

Reasonable Modifications are physical changes to the unit or common areas that allow a person with a disability to fully use the home. Examples include installing grab bars in the bathroom, widening a doorway for wheelchair access, or adding a ramp. In most privately owned rentals, the resident pays for these modifications, though the property must permit them.

Both types of requests are protected under the Fair Housing Act (42 U.S.C. § 3604) and, where applicable, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. For North Carolina residents, the Disability Rights NC (DRNC) publishes detailed guidance on these rights, which you can download directly from their website at drnc.org.

What Qualifies as a Disability

The legal definition is intentionally broad. A disability under the Fair Housing Act means a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. This covers a wide range of conditions including mobility impairments, chronic illness, mental health conditions, PTSD, and many others. You are not required to share a diagnosis or medical history with your property manager. You are only required to demonstrate that a disability-related need exists for the requested accommodation or modification.

How to Submit a Request

Step 1: Determine Which Process Applies

There is an important distinction in how requests reach us, and using the correct channel keeps your request documented and processed efficiently.

If the accommodation or modification involves a maintenance, repair, or physical alteration to the unit, you must first submit a work order through your resident portal. This applies to physical modifications like grab bar installation, ramp additions, or any request that requires a vendor or physical change to the property. Submitting a work order creates a timestamped record of the physical request and allows our operations team to coordinate properly.

For all other accommodation requests, including policy exceptions, support animal approvals, and non-physical changes, submit your request in writing via email directly to your Account Manager (AM). Do not rely on verbal conversations or text messages for these requests. Written email creates the documentation trail that protects your rights and ensures nothing is lost in the normal course of business.

Step 2: Write Your Email Request

Your email to your Account Manager should include the following:

Your name, property address, and unit number. Make it easy for us to pull your file immediately.

A clear description of what you are requesting. Describe the specific accommodation or modification in plain language. You do not need legal language. "I am requesting permission to have an emotional support animal" or "I am requesting that the no-guest-overnight policy be waived for a live-in caregiver" are perfectly sufficient.

A brief explanation of the disability-related need. You do not need to disclose your diagnosis. You simply need to indicate that the request is related to a disability. "This accommodation is necessary due to a disability" is legally sufficient language if you prefer not to share more details.

Supporting documentation, if applicable. For emotional support animals and many other requests, we will ask for documentation from a licensed healthcare provider confirming that you have a disability and that the accommodation is related to your disability-related need. This does not have to be a letter from a physician; licensed therapists, psychiatrists, and other qualified providers qualify. Note that documentation from online ESA letter mills, where no actual treating relationship exists, may not satisfy this requirement.

A straightforward example email looks like this:

Subject: Reasonable Accommodation Request – [Your Name] – [Property Address]

Dear [Account Manager Name],

I am writing to formally request a reasonable accommodation under the Fair Housing Act. I am a resident at [full address]. I am requesting [describe the specific accommodation]. This request is related to a disability. I have attached supporting documentation from my healthcare provider.

Please confirm receipt of this request and let me know if you need any additional information. I look forward to your response.

Step 3: Work Order Submission for Physical Modifications

If your request involves any physical change to the unit, log into your resident portal and submit a work order. In the description field, note that this work order is associated with a reasonable modification request under the Fair Housing Act. Then send a follow-up email to your Account Manager referencing the work order number. This dual-track approach ensures both the operational side and the compliance side of your request are properly linked.

What Happens Next

We are required by law to engage in an "interactive process" with you after receiving a request. That means we may ask clarifying questions or request additional documentation. We cannot deny a request without a legally sufficient reason, and we cannot retaliate against you for making one. The law does not set a rigid response deadline for private housing, but unreasonable delays can themselves constitute a violation. A response within 10 to 14 business days is a reasonable expectation for most requests; if your situation is urgent due to a health or safety need, note that urgency clearly in your email.

We will either approve the request, ask for more information, propose an alternative accommodation that meets the disability-related need, or, in rare circumstances, deny it with a written explanation. If a request is denied, you have the right to challenge that denial.

If Your Request Is Denied or Ignored

You have options. The U.S. Department of Housing and Urban Development (HUD) accepts fair housing complaints at hud.gov/fairhousing or by calling 1-800-669-9777. Complaints must typically be filed within one year of the alleged violation. The North Carolina Human Relations Commission also accepts complaints. Disability Rights NC (DRNC) provides free legal assistance to North Carolina residents with disabilities on fair housing matters; their resources and contact information are available at drnc.org.

Filing a complaint does not require you to have an attorney, and retaliation against a resident for exercising fair housing rights is itself an independent federal violation.

A Note on Emotional Support Animals

This deserves specific attention because it is both the most commonly requested accommodation and the most frequently misunderstood. An emotional support animal (ESA) is not a pet. Pet fees, pet deposits, and breed or weight restrictions do not apply to ESAs. The accommodation that is being requested is not for an animal; it is for the resident's disability-related need. Landlords may request documentation from a healthcare provider with an actual treating relationship. They may not demand specific forms, charge pet fees, or deny the request based on breed or size alone.

If you have an ESA request, begin with an email to your Account Manager and include your provider's documentation. Do not pay a pet fee for an ESA without first speaking with your Account Manager about your rights.

Quick Reference: Which Channel to Use