Who Pays for Disability Accommodations in Delaware Rentals?

If you rent a home or apartment in Delaware and need to make accessibility changes for a disability, understanding who pays can help you confidently advocate for your rights. Delaware follows both state and federal protections that guide how renters and landlords share the responsibility for accessibility modifications.

Accessibility Rights in Delaware Rentals

Under the Delaware Residential Landlord-Tenant Code and federal law, Delaware renters with disabilities have the right to request reasonable modifications to their residence to ensure full use and enjoyment.^[1]

What Are "Reasonable Modifications"?

Reasonable modifications are physical changes to a unit or common areas that allow a person with disabilities equal access and comfort. Typical examples include:

• Installing grab bars in bathrooms
• Adding wheelchair ramps
• Lowering countertops or kitchen cabinets
• Widening doorways for mobility devices

These requests are covered under the federal Fair Housing Act as well as Delaware’s own housing protections.

Who Pays for Accessibility Modifications?

Generally, in Delaware:

• The renter is responsible for paying for the reasonable modifications they request.
• The landlord may not charge extra fees or increase rent because you requested accommodations.
• The landlord can require that work be done professionally and that you restore the unit to its original condition upon moving out (with some exceptions).

However, if the modification would also benefit other tenants (such as adding a building-wide ramp), a landlord may be responsible for covering the cost.

What Forms or Notices Are Required?

Delaware law requires that modification requests and agreements are properly documented. While there is no state-specific standard form for requesting a reasonable modification, you should:

• Submit a written request to your landlord outlining the needed changes and why they are necessary due to your disability.
• Provide supporting documentation from a licensed healthcare provider, if asked (but only as needed to prove eligibility).

If your landlord denies your request or you face retaliation, you can file a complaint:

• Fair Housing Complaint Form: Used to file discrimination complaints with the Delaware Division of Human and Civil Rights. Find the Fair Housing Discrimination Complaint Form on the official site.
  Example: If your landlord refuses to allow reasonable modifications, fill out and submit this form to start an investigation.
• U.S. Department of Housing and Urban Development (HUD) Form 903: Fair Housing Discrimination Complaint Form: For federal complaints. Use if state resolution fails or if you prefer federal intervention. Submit online or mail.
  Example: If your modification request is denied for a federally protected reason, you may also file using HUD's official complaint portal.

Important Accessibility Legislation

• Delaware Residential Landlord-Tenant Code
• Federal Fair Housing Act: Disability Protections

Both acts guarantee your right to reasonable modifications and prohibit discrimination because of disability.

What Is the Delaware Residential Tenancies Tribunal?

In Delaware, landlord-tenant disputes—including those related to accessibility and discrimination—are handled by the Justice of the Peace Court (Landlord-Tenant). This is the official tribunal for residential tenancy matters.^[2]

If You Need to File a Complaint

Follow these steps to raise an issue about accessibility modifications or discrimination:

• First, contact your landlord in writing and request the modification.
• If denied, file a complaint with the Delaware Division of Human and Civil Rights.
• Use the official forms and keep copies of all communication.
• If needed, file a case with the Justice of the Peace Court.

Each step ensures your rights are protected with official documentation.

FAQ: Accessibility Modification Costs for Delaware Renters

1. Can my landlord refuse an accessibility modification in Delaware?
   Landlords generally must allow reasonable modifications unless the request would fundamentally alter the property or impose undue financial burden.
2. Do I need to restore modifications when I move out?
   Usually, yes. Landlords can require you to restore the property to its original condition, except for modifications that would not affect future renters' use or value of the unit.
3. Can a landlord charge a higher security deposit for disability modifications?
   No. Delaware law prohibits increasing your security deposit specifically for requesting reasonable modifications.
4. What should I do if my landlord retaliates after my request?
   Keep detailed records and file a complaint with the Delaware Division of Human and Civil Rights or HUD if you experience retaliation.
5. Are there grants or financial help for making disability modifications?
   Programs may be available through local agencies or federal grants. Contact the Delaware State Housing Authority for guidance.

Summary: Key Takeaways for Renters

• Renters pay for accessibility modifications in most cases, but landlords must allow reasonable changes.
• Always document requests in writing and use official forms for complaints.
• State and federal law—plus the Justice of the Peace Court—protect your rights throughout the process.

Need Help? Resources for Renters

• Delaware Division of Human and Civil Rights – Housing discrimination complaints and support
• Justice of the Peace Court – Landlord-Tenant: Official rental disputes and tribunal
• Delaware State Housing Authority: Renters Resources
• HUD Reasonable Modification Information

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1. See: Delaware Residential Landlord-Tenant Code, § 5316
2. Official residential tenancy tribunal: Justice of the Peace Court – Landlord-Tenant

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