Who Pays for Rental Accessibility Modifications in Massachusetts?

Renters in Massachusetts who have disabilities are entitled to request reasonable modifications to their units that allow them equal access and enjoyment of their homes. But understanding who pays for these accessibility modifications in Massachusetts rentals can be confusing. This article explains your rights, responsibilities, and the process under Massachusetts law and federal disability protections.

Understanding Accessibility Modifications

Accessibility modifications are changes made to a rental unit or common areas so a person with a disability can live comfortably and safely. These might include:

• Installing ramps or grab bars
• Widening doors or lowering kitchen counters
• Adding visual alarms or accessible hardware

Massachusetts law and federal laws protect your right to request these changes if you need them due to a disability.

Who Pays for Accessibility Modifications?

In Massachusetts, payment responsibility for accessibility modifications largely depends on the type of housing and the kind of accommodation needed:

• In most private rental housing, the renter is responsible for the cost of reasonable modifications needed for accessibility¹.
• Landlords are required to allow these modifications but may ask you to return the unit to its original condition when you move out (with exceptions for certain modifications).
• If you live in federally funded housing or units covered under Massachusetts anti-discrimination law (such as buildings with 10 or more units), the landlord might be required to pay for accessibility modifications².

It's important to talk with your landlord, explain your needs, and put all requests in writing.

Legal Protections for Renters

Your rights are protected by:

• Massachusetts Fair Housing Law
• Federal Fair Housing Act
• Americans with Disabilities Act (ADA) (for certain types of public housing and facilities)

Landlords cannot deny your request for reasonable modifications if you provide medical support that the accommodation is necessary, unless the request imposes an undue financial or administrative burden.

How to Request an Accessibility Modification

To start the process, you should submit a written request to your landlord explaining your disability-related need and describing the modification. You are not required to disclose your diagnosis, only the necessity for the modification.

Required Forms and How to Use Them

• Housing Discrimination Complaint Form (MCAD): File a discrimination complaint form online or download from the Massachusetts Commission Against Discrimination (MCAD). Use this if your landlord refuses a reasonable modification request.
• Reasonable Accommodation/Modification Request (No official state form): Although Massachusetts does not have a universal required form, organizations like CHAPA offer sample request letters. Always send by certified mail and keep copies for your records.

In all cases, providing as much detail as possible and keeping documentation will help if disputes arise.

After the Modification

Unless you are in certain covered housing, the landlord may require you to restore the unit to its original condition when you move out, except for reasonable wear and tear or if the modification is required for future tenants.

Massachusetts Tribunal Handling Disputes

Disputes about rental accessibility or discrimination are handled by the Massachusetts Commission Against Discrimination (MCAD). Renters may also seek help from the Massachusetts Housing Court in some cases.

Relevant Tenancy Legislation

• Massachusetts General Laws Chapter 151B – Anti-Discrimination in Housing
• Massachusetts Fair Housing Law

This legislation outlines your rights and procedures for seeking reasonable accommodations or modifications.

FAQs about Accessibility Modifications in Massachusetts Rentals

1. Do I have to pay for accessibility changes in my rental apartment?
   In most private rentals in Massachusetts, you are responsible, but some housing types require the landlord to pay. Check if your building is covered under special rules.
2. What if my landlord refuses my accessibility request?
   You can file a complaint with the Massachusetts Commission Against Discrimination (MCAD) using their discrimination complaint form.
3. Can my landlord require me to restore the apartment when I move out?
   Yes, unless the changes are required for future tenants with disabilities or in some subsidized housing. The restoration deposit must be reasonable.
4. Is my landlord allowed to ask for medical proof?
   Yes, but only proof that the modification is necessary. They cannot require details of your diagnosis.
5. Where can I get a sample modification request letter?
   Sample request letters can be found in the state's official guidance.

Key Takeaways for Massachusetts Renters

• Renters can ask for accessibility modifications. Most private renters must pay, but some housing requires landlords to cover costs.
• Put all requests in writing, keep detailed records, and consider contacting a legal resource if there’s a dispute.
• File a complaint with MCAD if you believe your rights have been violated.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD) — Handles discrimination and denial of reasonable modifications.
• Massachusetts Housing Court — Assists with rental disputes, including accessibility restoration disagreements.
• MassLegalHelp — Plain language guidance and tenant advocacy.
• Guide to Reasonable Accommodations and Modifications in Housing — Official state resource for renters and landlords.

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1. A Guide to Understanding Reasonable Accommodations and Modifications in Housing (Mass.gov)
2. Massachusetts General Laws Chapter 151B – Anti-Discrimination in Housing

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