Understanding Reasonable Accommodations in Illinois Housing

The right to fair housing is a fundamental protection under both federal and Illinois law. For individuals with disabilities, this right includes the ability to request reasonable accommodations – modifications to policies, rules, or services that enable them to fully use and enjoy their housing. This blog post explores what constitutes a reasonable accommodation in Illinois housing, the legal framework governing these requests, and what tenants and landlords should know when navigating the process.

Legal Framework for Reasonable Accommodations

In Illinois, reasonable accommodations in housing are governed by:

1. The Fair Housing Act (FHA) A federal law that prohibits housing discrimination against individuals with disabilities and requires housing providers to make reasonable accommodations.

2. The Illinois Human Rights Act (IHRA) A state law that provides additional protections against housing discrimination, including for individuals with disabilities.

3. The Americans with Disabilities Act (ADA) While primarily focused on public accommodations and employment, the ADA may apply to certain housing situations, particularly in multi-unit housing with public spaces.

Under these laws, landlords, property managers, homeowners associations, and other housing providers must grant reasonable accommodations unless they can demonstrate that doing so would impose an undue financial or administrative burden or fundamentally alter the nature of the housing providers operations.

What Is a Reasonable Accommodation?

A reasonable accommodation is a change to a housing policy, practice, or service that enables a person with a disability to have equal opportunity to use and enjoy their home. Unlike a reasonable modification (which typically involves physical changes to a unit or common area), accommodations focus on policies and procedures.

Examples of Reasonable Accommodations

  • Waiving a No-Pets Policy Allowing an emotional support animal or service animal even if the building has a no-pets policy.
  • Providing a Reserved Parking Spot Assigning a closer parking space for a tenant with mobility impairments.
  • Allowing a Live-In Aide Permitting a caregiver to reside with a disabled tenant, even if the lease restricts additional occupants.
  • Adjusting Rent Payment Deadlines Modifying due dates for tenants who receive disability benefits on a specific schedule.
  • Exempting Tenants from Certain Policies For example, permitting a tenant with PTSD to break a lease early if they need to move for health reasons.

What is Not Considered Reasonable?

A request may be deemed unreasonable if it:

  • Poses an undue financial or administrative burden on the landlord.
  • Requires fundamental alterations to the nature of the housing provider’s business.
  • Creates a direct threat to the health or safety of others.
  • For example, a request to provide daily personal care assistance would likely be considered unreasonable because landlords are not responsible for providing healthcare services.
  • How to Request a Reasonable Accommodation

Tenants should follow these steps when requesting an accommodation:

  • Make the Request in Writing (if Possible)

    While the law does not require written requests, submitting one in writing helps create a record of the request.

    • Explain the Need for the Accommodation

    The request should specify the disability-related need for the accommodation.

    A tenant does not need to disclose their diagnosis but must explain how the request relates to their disability.

    • Provide Supporting Documentation (if Necessary)

    Housing providers can request verification from a healthcare provider if the disability is not obvious.

    The verification should confirm the need for the accommodation but should not require overly invasive medical details.

    1. Wait for a Response

    Housing providers must respond promptly.

    If a request is denied, the landlord should provide an alternative solution (if feasible).

    1. Seek Legal Help if Necessary

    If a housing provider unlawfully denies an accommodation, a tenant may file a complaint with the Illinois Department of Human Rights (IDHR) or the U.S. Department of Housing and Urban Development (HUD). Legal representation may be necessary if negotiations fail.

    Landlord Responsibilities and Best Practices

    Landlords must:

    Engage in an interactive process If they have concerns about a request, they should work with the tenant to find a reasonable alternative.

    Avoid unnecessary delays Failing to respond in a timely manner could constitute housing discrimination.

    Keep records of accommodation requests Maintaining documentation helps ensure compliance with fair housing laws.

    Conclusion

    Reasonable accommodations play a crucial role in ensuring equal access to housing for individuals with disabilities. Understanding tenant rights and landlord responsibilities under the FHA, IHRA, and ADA can help create a more inclusive housing environment in Illinois.

    If you believe your accommodation request has been unfairly denied, consider seeking legal assistance or filing a complaint with the relevant authorities. At Justice Legal Counsel, we advocate for tenants rights and can provide guidance on fair housing issues. Contact us for more information.

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