Who Pays for Accessibility Modifications in Illinois Rentals?

If you rent your home in Illinois and need accessibility modifications because of a disability, it is important to understand your rights, your landlord’s responsibilities, and who pays for those changes. Federal and state laws protect renters with disabilities, but the question of payment can be confusing. This guide will help you navigate the process so you can make your home accessible while knowing your obligations.

Your Right to Accessibility Modifications in Illinois

Both the federal Fair Housing Act and the Illinois Human Rights Act protect renters with disabilities from discrimination. These laws allow you to request reasonable modifications—physical changes to the property (like grab bars or ramps)—to make your rental accessible.

Who Is Responsible for the Cost?

Under most circumstances, Illinois law requires tenants to pay for reasonable accessibility modifications to their rental unit. However, landlords cannot refuse your request for a modification needed for access, and they cannot charge extra fees outside the cost of the work. There are exceptions and clarifications depending on the building’s funding and age:

• Private housing: Tenants usually pay for modifications.
• Federally funded housing (including Section 8): Landlords may be required to cover the costs if requested modifications are reasonable and the property receives federal funds.
• Common areas vs. inside your unit: The same general rules apply for both, but double-check with your housing authority if you live in subsidized housing.

In all cases, landlords may require the work to be done professionally and may ask you to restore the property to its original condition when you move out (except for modifications that do not affect future tenants).

Official Forms for Requesting Accessibility Modifications

You are not required to use a specific Illinois state form, but it is best to submit your request for a reasonable modification in writing for documentation. For federally funded housing, you may use the HUD Form 92842: Reasonable Accommodation and Modification Request.

• Form Name: Reasonable Accommodation and Modification Request (HUD Form 92842)
• Purpose: To request a modification or accommodation due to disability in federally-funded (HUD) housing.
• How to Use: Fill out the form with details of your request (for example, requesting a ramp). Submit it to your property manager or public housing authority. Keep a copy for your records for future reference or if you need to file a complaint.
• Official Source: Access HUD Form 92842 here.

If you need to file a discrimination complaint, the Illinois Department of Human Rights (IDHR) Charge of Discrimination Form is available:

• Form Name: Charge of Discrimination (IDHR Housing Intake Questionnaire)
• When to Use: If your landlord refuses a reasonable accessibility modification.
• How to Use: Complete the intake form on the IDHR site, then follow their submission instructions. IDHR staff can guide you.
• Official Source: File a Charge with the Illinois Department of Human Rights.

How to Request a Modification and What to Expect

To make an accessibility modification to your home in Illinois, take these action steps:

• Inform your landlord in writing about the needed modification.
• Describe specifically what needs to be changed (e.g., widening a doorway for a wheelchair, installing a grab bar).
• State that the request is related to your disability and refer to your federal or state rights.
• If requested, show that the modification is necessary (sometimes a doctor’s note helps but cannot be demanded to reveal specific diagnoses).
• Offer to pay for the modification, unless it’s federally funded housing.
• Discuss restoration (if required) before you move out. Landlords may ask for a “reasonable restoration agreement.”
• Keep documentation of all communications. If denied unfairly, consider filing a complaint with the IDHR or HUD.

If your rental is part of the Section 8 or other federally funded program, check with your local housing authority or property manager, as different cost rules may apply.

Relevant Illinois Laws and Housing Tribunal Information

For most residential renters, the main state tenancy law is the Illinois Residential Landlord and Tenant Act, with anti-discrimination covered by the Illinois Human Rights Act ^[1]. Housing disputes and discrimination complaints are handled by the Illinois Department of Human Rights (IDHR). Housing authorities in cities like Chicago may have additional rules—consult their websites directly for local details.

Frequently Asked Questions

1. Can my landlord refuse an accessibility modification request in Illinois?
   Landlords in Illinois cannot deny a reasonable modification request necessary for your disability, unless the modification would cause major structural changes or create an undue financial or administrative burden.
2. Do I have to pay for restoring the unit after I move out?
   You may be responsible for restoring the unit to its original condition if the modification impacts future tenants (e.g., removing a ramp), unless it is reasonable to leave it in place.
3. Is my landlord allowed to ask for proof of my disability?
   A landlord can ask for evidence that a modification is needed due to disability, but cannot require you to disclose the specific nature of your disability or medical history.
4. What if I live in subsidized or federally funded housing?
   In some cases, landlords in these properties must pay for reasonable modifications. Contact your local public housing authority for guidance.
5. How do I file a discrimination complaint if my request is denied?
   If your request is denied without lawful reason, you can file a charge of discrimination with the Illinois Department of Human Rights using their official intake questionnaire.

Key Takeaways

• Renters in Illinois can request accessibility modifications, but are usually responsible for costs outside of federally funded housing.
• Written requests and clear communication help protect your rights and ensure a smoother process with your landlord.
• If your request is denied or you face discrimination, official bodies like the Illinois Department of Human Rights can help.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR) – Investigates housing discrimination and handles complaints.
• Illinois Housing Development Authority (IHDA) – Information on housing programs and renter protections.
• Chicago Commission on Human Relations – For Chicago renters facing discrimination or access issues.
• HUD Fair Housing Complaint Process – Steps to file a fair housing complaint at the federal level.

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1. Illinois Human Rights Act (775 ILCS 5/1-101 et seq.)
2. Illinois Residential Landlord and Tenant Act (765 ILCS 705)
3. Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
4. Illinois Department of Human Rights - File a Housing Discrimination Charge

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