Arkansas Renters: Who Pays for Accessibility Modifications?

Renters in Arkansas who need accessibility modifications—like grab bars, ramps, or bathroom adjustments—often wonder who pays for these changes. This article explains how state and federal laws work, what renters and landlords are each responsible for, and the steps to request modifications, so you can live comfortably and safely in your Arkansas rental home.

Understanding Accessibility Modifications in Arkansas Rentals

Accessibility modifications are physical changes to a rental home or apartment that allow people with disabilities to use and enjoy their homes just like anyone else. These changes might be needed for mobility, vision, hearing, or other disabilities.

What the Law Says: Federal and Arkansas Protections

Two main laws protect renters who need accessibility accommodations:

• Fair Housing Act (FHA): Guarantees the right of renters with disabilities to request reasonable modifications to their rental unit at their own expense. Landlords may not refuse unless the request is unreasonable.
• Arkansas Residential Landlord-Tenant Act of 2007: Outlines landlord and tenant responsibilities, but relies mainly on federal law for disability rights.

You can read the details in the full text of the Fair Housing Act and Arkansas Residential Landlord-Tenant Act.¹²

Who Pays for Accessibility Modifications?

In almost all cases in Arkansas, the person requesting the accessibility modification—the renter—is responsible for paying for and arranging the modification. However, there are important exceptions and requirements:

• The landlord cannot charge extra rent or deposits due to your disability, but may ask for payment for modifications.
• Renters may need to restore the unit when moving out, but reasonable wear and tear is allowed.
• If a modification affects a common area (like a lobby or laundry room), the landlord cannot refuse reasonable changes, but tenants may need to cover costs.

If the rental home receives federal assistance (such as through Section 8), landlords might be responsible for some or all of the costs. This exception is covered under HUD’s Section 504 regulations.³

Requesting and Documenting Modifications: What to Do

It’s important to notify your landlord in writing when you need an accessibility modification.

Here are the key steps:

• Send your landlord a written request describing the change you need and why (for example: "I need to install a ramp for wheelchair access").
• The landlord may ask for details, a reasonable plan, and may request you return the property to original condition when you move out.
• Landlords cannot say no to reasonable requests, but can require professional installation, permits, and sometimes extra insurance.

Forms Used for Accessibility Requests in Arkansas

• Fair Housing Reasonable Modification Request Form
  Purpose: Used to formally ask your landlord for permission to make a modification.
  Example: If you need to install grab bars in your bathroom, fill out this form and submit it to your landlord.
  Official Request Form from HUD
• Verification of Disability by Qualified Third Party
  Purpose: Sometimes, a landlord may (if disability is not obvious) ask for written verification from a doctor or healthcare provider to document the need.
  Example: Give this to your doctor if your need for the modification isn’t clear, then submit their letter with your request.
  HUD Sample Verification Guidance

If disputes arise, renters can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or contact the Arkansas Fair Housing Commission.⁴

State Tribunal Handling Rental Disputes

In Arkansas, rental disputes—including issues about accessibility—are generally handled by the circuit courts, but the Arkansas Fair Housing Commission is the agency that investigates fair housing complaints.

Actions Steps for Renters Requesting Accessibility Modifications

• Review your rights under the Fair Housing Act and Arkansas law.
• Gather documentation if your disability or need isn’t obvious.
• Fill out a Reasonable Modification Request Form and submit it to your landlord, keeping a copy.
• Negotiate the details (like contractor choice, restoration, and insurance) with your landlord in writing.

By following these steps, most Arkansas renters can get fair access to their homes without unnecessary barriers.

Frequently Asked Questions

1. Can a landlord refuse my request for an accessibility modification in Arkansas?
   No, landlords cannot refuse reasonable requests for modifications if you have a disability. They can, however, set reasonable conditions (like proper permits or quality of work).
2. Do I always have to pay for modifications, or will my landlord help?
   Most renters must pay for modifications, unless the property receives federal assistance or the change is required as part of federal law.
3. Can I be charged more rent or a higher security deposit because of my disability?
   No. Landlords cannot raise your rent or charge excessive deposits due to your disability or need for an accommodation.
4. What happens when I move out?
   You may need to return the unit to its original state, except for normal wear and tear. Discuss restoration requirements with your landlord before making changes.
5. Where can I get help if my landlord denies my request?
   Contact the Arkansas Fair Housing Commission or file a complaint with HUD for a formal investigation.

Key Takeaways for Arkansas Renters

• You have the right to request accessibility modifications—most costs are your responsibility, unless your building is federally funded.
• Always put requests in writing and keep copies of all correspondence.
• Landlords cannot discriminate against you for requesting or needing an accommodation.

These tips help ensure your home fits your needs as a renter with a disability in Arkansas.

Need Help? Resources for Renters

• Arkansas Fair Housing Commission – Handles statewide housing discrimination complaints
• HUD: Filing a Fair Housing Discrimination Complaint
• HUD Guidance on Reasonable Modifications
• Arkansas Legal Services – Free legal guidance for low-income renters

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1. Fair Housing Act (42 U.S.C. § 3601 et seq.)
2. Arkansas Residential Landlord-Tenant Act of 2007
3. HUD Section 504: Disability Rights in Federally Assisted Housing
4. Arkansas Fair Housing Commission – Official Dispute Resolution

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