Can a Landlord Refuse Grab Bars or a Ramp? Renters' Rights

Under the Fair Housing Act, a landlord can't refuse a tenant with a disability permission to add grab bars, a ramp or another reasonable modification the tenant may need and pays for.1 If your parent rents and the tub, the front step or the kitchen has started to work against them, that rule is your starting point. What a family still has to work out is who pays, which conditions the landlord is allowed to attach, and what happens at move-out.

In This Guide

• Can Your Parent's Landlord Say No?
• Does Your Parent's Situation Qualify?
• Who Pays for the Grab Bars or Ramp?
• What the Landlord Can and Can't Ask For
• How to Ask the Landlord, Step by Step
• If the Landlord Refuses
• Can Any of It Count as a Medical Expense?
• Frequently Asked Questions
• Learn More

Can Your Parent's Landlord Say No?

Not to a reasonable request. The Fair Housing Act's implementing regulation, 24 CFR 100.203, makes it unlawful for any person to refuse to permit reasonable modifications of existing premises, at the expense of a person with a disability, when the changes may be necessary for that person's full enjoyment of the home.1 The regulation covers premises the person occupies or is going to occupy, so the rule also applies when your parent is about to move into a new rental.1

HUD and the Department of Justice (DOJ) explain that a reasonable modification is a structural change to existing premises.1 In their joint guidance, the examples HUD and DOJ give of modifications that "typically are reasonable" are widening doorways, installing grab bars in bathrooms, lowering kitchen cabinets, and adding a ramp to make a primary entrance accessible.1

So the question to ask isn't whether the landlord will allow it. It's whether the change is reasonable and connected to your parent's disability, and what conditions come with it.

Does Your Parent's Situation Qualify?

The Fair Housing Act right belongs to a person with a disability, and HUD and DOJ say there must be an identifiable relationship, or nexus, between the requested modification and the person's disability.1 In practice, that means the request should explain what the change does for your parent: grab bars beside a tub your parent can no longer climb out of safely, or a ramp for a walker or wheelchair at the entrance your parent uses.

It doesn't have to be inside the apartment. HUD and DOJ say reasonable modifications can include structural changes to the interiors and exteriors of dwellings and to common and public use areas.1 A ramp at the building entrance can be as much a part of the right as a grab bar in the bathroom.

Who Pays for the Grab Bars or Ramp?

The answer depends on what kind of building your parent lives in, so it's worth confirming before anyone hires a contractor.

In private rental housing, the tenant pays. HUD and DOJ put it plainly: while the housing provider must permit the modification, the tenant is responsible for paying its cost.1 The landlord's duty is to allow the work, not to fund it.

In federally assisted housing, the housing provider pays. HUD and DOJ explain that housing receiving federal financial assistance is covered by both the Fair Housing Act and Section 504 of the Rehabilitation Act. Under the regulations implementing Section 504, structural changes a resident with a disability needs are treated as reasonable accommodations that the housing provider must pay for.1 That Section 504 cost duty has limits: a federally assisted housing provider doesn't have to pay for a structural change if it would be an undue financial and administrative burden or a fundamental alteration of the program, or if the provider can meet your parent's needs another way.1

If you aren't sure whether your parent's building receives federal financial assistance, ask the property manager in writing before you agree to pay.

What the Landlord Can and Can't Ask For

A landlord who must permit a modification can still attach conditions, and the Fair Housing Act regulation at 24 CFR 100.203 and HUD and DOJ's joint guidance on reasonable modifications spell out which ones are allowed.1 Knowing them ahead of time lets you build them into the request instead of negotiating after a "no."

Two of those rows deserve a closer look before you sign anything.

Restoration is limited even inside. Under HUD and DOJ's joint guidance, a landlord can't require a tenant to restore exterior or common-area modifications such as a ramp to the front door, and for interior changes the Fair Housing Act regulation allows a restoration requirement only where it is reasonable.1

An escrow has guardrails. Under the Fair Housing Act regulation, the landlord may negotiate an escrow only where it's necessary to make sure, with reasonable certainty, that money will be available for restoration. The tenant pays into an interest-bearing account over a reasonable period, and the amount can't exceed the cost of the restorations.1

How to Ask the Landlord, Step by Step

A written request that answers the landlord's legitimate questions up front gives the landlord little room to stall. Here's a sequence that follows the rules above.

If the conversation stalls, Brevy's care navigator can help you draft the request.

If the Landlord Refuses

A refusal isn't the end of it. A person who believes a housing provider wrongfully denied a reasonable modification can file a complaint with HUD, and HUD's regulation says the person must notify HUD within one year.2 When the discrimination is continuing, or there's more than one act of it, HUD's regulation measures the one-year deadline for filing a Fair Housing Act complaint from the last incident.2 HUD takes complaints through its Report Housing Discrimination page.

Going to court is a separate route. The Fair Housing Act lets an aggrieved person bring a civil action in a United States district court or a state court within 2 years after the discriminatory practice occurred or ended, and that 2-year period doesn't count time while an administrative proceeding on a complaint about the same practice was pending.2 The Fair Housing Act closes the court route in two situations: when the person consented to a conciliation agreement that HUD or a state or local agency obtained (except to enforce that agreement), and when an administrative law judge has started a hearing on a HUD charge about the same practice.2

State and local fair housing laws may add protections beyond the federal rules described here. If you want help weighing the options, our guide to free legal help for seniors explains where older adults can find it.

Can Any of It Count as a Medical Expense?

One narrow piece can. IRS Publication 502 states that amounts paid to buy and install special plumbing fixtures for a person with a disability, mainly for medical reasons, in a rented house are medical expenses.3 That IRS sentence is about plumbing fixtures. Before treating any other change to a rental as a medical expense, check with a tax professional.

A medical expense also isn't a dollar-for-dollar refund. The IRS deduction is taken on Schedule A (Form 1040), and it covers only the part of medical and dental expenses that is more than 7.5% of adjusted gross income.3 Our guide to tax deductions for senior care covers the deduction more broadly.

Learn More

Find personalized help asking your parent's landlord for accessibility changes at brevy.com.

The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.