Who Pays for Accessibility Modifications in Hawaii Rentals?

If you are a renter in Hawaii living with a disability, you might wonder who pays for accessibility modifications—like ramps, wider doorways, or accessible bathrooms—in your rental home. It's important to know your rights under both federal and Hawaii state law to ensure your housing is comfortable and accessible, while respecting your landlord's property rights. This guide explains the rules around payment, the modification process, and how to access official help if you face barriers.

Understanding Accessibility Modifications in Hawaii Rentals

Under the federal Fair Housing Act and the Hawaii Revised Statutes Chapter 515 — Discrimination in Real Property Transactions, renters with disabilities have the right to request reasonable modifications to their homes to ensure equal enjoyment of the property.^[1][2]

Who Pays for the Modifications?

• Generally, the renter pays for the accessibility modification unless the housing is federally funded or subsidized. In that case, landlords might have more responsibility to cover the costs.
• Landlords cannot refuse a reasonable modification, but may require the renter to restore the property to its original condition (reasonable wear and tear excepted) at the end of the tenancy.
• Landlords may request that modifications be completed in a professional manner, and may ask for assurance that funds will be available to restore the unit if needed.

Examples of Common Accessibility Modifications

• Installing grab bars in bathrooms
• Adding wheelchair ramps at entrances
• Lowering countertops or cabinets
• Installing visual smoke alarms for hearing-impaired tenants

It’s important to work closely with your landlord and follow all required steps to request and arrange modifications.

How to Request an Accessibility Modification

To get started, you must notify your landlord in writing and request permission for the specific modification. Hawaii does not have a statewide standardized form, but a written request is required. Here’s how:

• Describe the needed modification and explain its connection to your disability (you don’t have to disclose the exact nature of your disability).
• State who will pay for the work (typically you, unless in subsidized housing).
• Offer to provide written estimates, permits, or proof of reputable contractors if requested.

Sample Reasonable Accommodation/Modification Request

• Form Name: Request for Reasonable Modification (no official Hawaii form number)
• When to Use: When you want to make a physical change to your rental unit for accessibility.
• Example: Jenn, who uses a wheelchair, writes to her landlord asking to install a ramp at the front entrance, stating she will pay for it and use a licensed contractor.
• Source/Template: See Sample Modification Request Letter from HUD

Deposits and Restoring the Property

• The landlord may require a reasonable deposit to cover the cost of restoring the unit at the end of your lease (for interior modifications only).
• This deposit must be placed in an interest-bearing account and any unused funds returned to you.
• Landlords cannot charge extra monthly rent because of your need for modifications.

Disputes and Your Rights

If your landlord refuses a reasonable modification or you experience discrimination, you can file a complaint with the Hawaii Civil Rights Commission (HCRC), which is the official body handling housing discrimination issues in the state.^[3]

• Official Complaint Form: Hawaii Civil Rights Commission Intake Questionnaire
• How to Use: If you believe your modification request was unfairly denied or you faced retaliation, complete the form and submit it to HCRC.
• Download the HCRC Intake Questionnaire (PDF)

Timely action is crucial. You must generally file your complaint with HCRC within 180 days of the incident.

Relevant Legislation in Hawaii

• Federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(A))
• Hawaii Revised Statutes Chapter 515
• Hawaii Civil Rights Commission (HCRC) – Housing Discrimination Info

Frequently Asked Questions About Accessibility Modifications

1. Can my landlord deny my request for a modification?
   A landlord can only deny a request if it is not reasonable or would create an undue financial or administrative burden. Most simple accessibility modifications are considered reasonable under state and federal law.
2. What if my landlord wants me to remove the modification before I move out?
   You must restore the property to its previous condition if your landlord requests it. This usually includes removing ramps or grab bars and patching walls.
3. Are there any financial assistance programs for renters needing accessibility modifications?
   Some local and federal programs, like HUD grants or public housing, may cover certain accessibility costs. Check with the HUD Hawaii office or local agencies for available assistance.
4. Do the same rules apply to all rental types in Hawaii?
   Most rentals are covered, but some small owner-occupied buildings or single-family homes may be exempt. However, anti-discrimination laws still broadly apply.
5. What should I do if I suspect discrimination?
   You should file a complaint with the Hawaii Civil Rights Commission using their Intake Questionnaire as soon as possible.

Key Takeaways for Hawaii Renters

• Renters with disabilities may request accessibility modifications, and are generally responsible for costs in private housing.
• Landlords cannot deny reasonable modifications but may require the unit’s restoration at move-out.
• For disputes, file a complaint with the Hawaii Civil Rights Commission promptly.

Remember to keep all requests in writing and talk openly with your landlord to find reasonable solutions.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC) – File complaints and learn your rights
• Hawaii Office of Consumer Protection – Landlord-Tenant Information
• HUD Hawaii – Renters’ Assistance and Housing Programs
• Hawaii State Council on Developmental Disabilities Housing Resources

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1. Fair Housing Act Protections – HUD
2. Hawaii Revised Statutes Chapter 515: Discrimination in Real Property Transactions
3. Hawaii Civil Rights Commission Official Site

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