Who Pays for Accessibility Upgrades in Minnesota Rentals?

If you rent a home or apartment in Minnesota and need modifications to improve accessibility, it’s important to understand who pays for these changes and what your rights are. Many renters have questions about costs, the landlord’s responsibilities, and the process for requesting accommodations, especially when disability access is a concern. This guide explains Minnesota law, your rights under federal protections, and how to handle requests and payments for accessibility modifications.

Understanding Accessibility and Your Rights as a Minnesota Renter

Federal and Minnesota state laws ensure that renters with disabilities can request reasonable modifications to make rental housing accessible. A reasonable modification is a change to the rental unit or building that enables a person with a disability to use and enjoy their home fully. Common examples include installing grab bars, widening doorways, or adding ramps.

• Federal Protections: The federal Fair Housing Act requires landlords to allow reasonable modifications for people with disabilities.
• State Law: Minnesota law also protects tenants with disabilities and aligns with these federal requirements.

However, there are rules about who pays for these modifications and how requests are handled.

Who Is Responsible for Paying for Accessibility Modifications?

Generally, in Minnesota, it is the tenant’s responsibility to pay for the cost of reasonable modifications for accessibility under the Fair Housing Act. However, there are important exceptions and rules to know:

• If the rental housing receives federal financial assistance, the landlord may be responsible for payment.
• For most private rentals, landlords must allow the renter to make modifications at their expense, provided the modifications do not pose health or safety risks.
• Landlords may require the renter to restore the unit to its original condition at the end of the lease, except for reasonable wear and tear or if the changes don’t affect future tenants’ use or value of the unit.
• Landlords can ask the renter to provide a description and ensure work will be done professionally.

How to Request a Reasonable Modification

If you need an accessibility modification, here are steps a Minnesota renter should follow:

• Submit a written request to your landlord. Clearly describe the modification needed and why it’s necessary due to your disability.
• Be prepared to provide documentation or a letter from a qualified healthcare provider stating the need for the modification.
• Discuss who will perform (and pay for) the work and whether you’ll need to restore the premises when you move out.
• If the landlord asks for a restoration agreement, review it carefully and keep a copy.

You are not required to use a specific state form, but documenting your request in writing is highly recommended.

Relevant Forms and Practical Examples

• Reasonable Accommodation or Modification Request (HUD Example Form)
  While Minnesota does not require a state-specific form, the U.S. Department of Housing and Urban Development (HUD) provides a joint statement and sample forms for reasonable modification requests. Tenants can use these as a template for their written requests.
  Example: If you need a ramp installed, submit a letter or the HUD sample form to your landlord explaining your disability needs and details of the modification.
• Restoration Agreement
  Landlords may provide a separate written agreement outlining what must be restored when you move out and how costs are handled. Make sure to read and retain any such agreement. There is no official Minnesota state-issued restoration form as of this year.

If you believe your landlord is refusing a reasonable modification or retaliating, you can file a complaint with the Minnesota Department of Human Rights, or federally with HUD’s Office of Fair Housing and Equal Opportunity.

If you’re unsure about requirements or worried about cost, reach out to housing advocates or the Minnesota Department of Human Rights (MDHR) before making any commitments or modifications.

Key Laws and Where to File Disputes

• Fair Housing Act (Federal): See the official Fair Housing Act summary.
• Minnesota Human Rights Act (MHRA): Outlines protections for people with disabilities in housing. Read the Minnesota discrimination statutes for housing.

Disputes between landlords and renters in Minnesota are generally handled by the Minnesota Housing Court (Conciliation Court) within the state’s District Courts. The Minnesota Department of Human Rights also investigates discrimination complaints.

Frequently Asked Questions

1. Do Minnesota landlords have to pay for accessibility modifications?
   In most cases, if the property does not receive federal funding, the tenant is responsible for costs. However, the landlord must allow reasonable modifications unless they are unsafe or unreasonable.
2. Can a landlord ask for the unit to be restored after I move out?
   Yes, landlords can require you to restore the apartment to its original condition, except for reasonable wear and tear, and may ask for a restoration agreement or additional deposit.
3. What if my landlord refuses my request for an accessibility modification?
   If your landlord denies a reasonable modification, you can file a complaint with the Minnesota Department of Human Rights or HUD.
4. Are there state-specific forms for accessibility requests in Minnesota?
   No, there are no Minnesota-specific forms as of this year. Use a written letter or the HUD sample request form for clarity and recordkeeping.
5. Does the Fair Housing Act protect all renters in Minnesota?
   Yes, the Fair Housing Act and the Minnesota Human Rights Act both protect renters from discrimination based on disability statewide.

Summary: What to Remember About Accessibility Modifications in Minnesota

• Tenants usually pay for accessibility modifications unless the rental receives federal funding.
• Written requests and clear agreements help protect your rights and clarify responsibilities.
• You’re protected by state and federal law from disability discrimination, and can file a complaint if needed.

Knowing these rules helps you approach accessibility modifications with confidence while renting in Minnesota.

Need Help? Resources for Renters

• Minnesota Department of Human Rights: Support for housing discrimination and complaints
• Minnesota Housing Court (Conciliation Court): Filing landlord-tenant disputes in state court
• HUD Fair Housing Resources: Federal housing rights and complaint forms

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1. See: U.S. Department of Justice: Fair Housing Act
2. See: Minnesota Statutes, Human Rights Act §363A.09
3. Dispute filing: Minnesota Department of Human Rights Housing Discrimination
4. Forms: HUD Joint Statement on Reasonable Modifications

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