Tenant Improvements - When Should You and When You Must Say Yes

It can be difficult or uncomfortable to respond tomobility and visual impairments, chronic alcoholism,
reasonable tenant requests. Of course there arechronic mental illness, AIDS, AIDS Related Complex
requests that must be agreed to and some that are inand mental retardation) that substantially limits a major
your favor to do. But what about all those tenantlife activity or a record of such a disability or is
requests from good tenants that are reasonable, butregarded as having such a disability".
after all it's your cost.Who Pays for the Improvements: Its important to be
For the purposes of tenant improvement requests weclear here so we are quoting form the HUD web site.
see three different kinds of tenants.Reasonable Accommodations: The housing provider is
The New Tenant: Often the requests come during theresponsible for ensuring general access to the facility
approval process or at the move in inspection. Alland meeting minimum accessibility standards. This may
requests having to do with a clean and functional placeinclude an adaptation or modification to a policy or a
should be done by the move in. You want to start ofservice, which will allow a person with a disability to
your new business relationship on a good note. Nothinguse and enjoy a dwelling and the common use area.
worse than starting an argument you know you willGenerally, the applicant or tenant must make a request
lose...and all those bad feelings wont help when youfor an accommodation. Your tenant will describe the
make a reasonable request.need and it is a good idea to have any requests to
Things we always say yes to:accommodate in writing and kept for your records in
Generally, electrical improvements are fixed and addcase of any misunderstanding later on.
value and marketability to the unit.a. DSLb. Cablec. HardYou can ask the tenant to provide proof of a disability
wired outlets - Electrical needs have skyrocketed and(some disabilities are hidden). Medications and other
we would rather hard wire than see too manyspecifics are a private matter and may not be
appliances on one outletd. Smoke detectors - even ifbreached by the housing provider.
we are fully compliant.A definition: Acceptable accommodation or
Cosmetic Requests to alter the unitmodification cannot cause undue administrative or
If the rental depends on some cosmetic changes suchfinancial burden for the owner/manager, and cannot
as paint or verticals, then its your call. We like to sayfundamentally alter the housing and services the
yes to all reasonable changes but require that the unitowner/manager offers.
be returned to its original condition on the move out.Reasonable Modifications: Landlords must allow
We also are careful to mention that it must be adisabled tenants access and enjoyment of the building.
professional job and that we provide no insuranceDisabled tenants can make the modifications and
coverage for any accidents "on the job".accommodations that will provide them with
The Existing Tenant: Much of the above applies. Thereasonable safety and enjoyment. The owner
difference is there is less incentive to pay formanager may condition permission for a modification
cosmetics unless you want that tenant to stay.on the tenant providing a reasonable description of the
The Disabled Tenant: Here you are bound by law andmodifications and assurances that the work will be
should be aware of the rules and avoid law suits youdone in a professional manner with required building
can only lose. As always, with ownership its local andpermits. All modifications must be reasonable and
the rules will be different for your area.require prior approval. You may also require an
Federal Fair Housing Law: The federal Fair Housingadditional deposit to assure restoration to its prior
Act and local fair housing laws prohibit discriminationcondition.
against people because of their disability or theExamples: Ramps for wheelchair access. Modifying
disability of anyone associated with them.locks, cabinets or appliances. Special faucets or
Require owners and managers "to make reasonablehandles on sinks tub or showers and more. When you
accommodations or modifications in rules, policies,are in a situation you think may be a Fair Housing issue,
Practices, or services, when such accommodationsalways talk to a professional property manager or
may be necessary afford such person(s) equalyour local apartment association, has an extensive list
opportunity to use and enjoy a dwelling. If an applicantof apartment associations in the Resource Center.
has a physical or mental disability (including hearing,