Who Is Responsible for Paying for Accessibility Modifications in New Hampshire Rentals?

If you are a renter with a disability in New Hampshire, understanding who is responsible for covering the cost of accessibility modifications is essential. This guide outlines your legal rights, what counts as a reasonable modification, potential costs, and official steps you can take under New Hampshire and federal law.

Understanding Accessibility Modifications and Disability Accommodations

Accessibility modifications are changes to a rental property to make it usable for a tenant with disabilities. Under the federal Fair Housing Act and New Hampshire’s Law Against Discrimination (RSA 354-A:10), landlords must allow reasonable modifications for people with disabilities, but payment and installation responsibilities differ from repairs or general upgrades.

Who Pays for Accessibility Modifications?

• Tenant Responsibility: In most cases, the tenant pays for the cost of reasonable modifications needed because of their disability.
• Landlord Responsibility: Landlords cannot deny the tenant’s request for reasonable modifications, but are not usually required to pay for them unless the housing is federally funded (such as public housing or units receiving HUD funds).
• Restoration: Landlords can require renters to return the property to its original condition at move-out, minus normal wear and tear. A reasonable restoration deposit may be required.
  See New Hampshire's RSA 354-A:10(III) for specific language.

Speak with your landlord before making any changes, and always get written permission. For public or subsidized housing, landlords may have different responsibilities to pay for modifications.

Steps to Request and Complete Accessibility Modifications

• Submit a written request to your landlord describing the needed modification. Clearly explain how it relates to your disability.
• If requested by your landlord, provide verification of your disability and explain why the modification is necessary (but you are not required to disclose your diagnosis).
• Discuss any restoration requirements and potential deposit amounts.
• Obtain all permissions in writing before hiring contractors or starting work.
• Keep records and receipts for all modifications and expenses.

For public housing or Section 8 rentals, contact the New Hampshire Housing Finance Authority for guidance on disability accommodations and potential funding assistance (NH Housing – Housing for Persons with Disabilities).

Official Forms for Requests and Complaints

• Modification Request Letter (No Official NH Form Number):
  This is a signed letter tenants submit to request a specific accessibility change. For an example template and guidance, see the DOJ Model Letter for Reasonable Modifications.
  Example: A tenant writes to the landlord requesting to install a ramp at the entrance due to mobility impairment.
• New Hampshire Commission for Human Rights Discrimination Complaint Form:
  Use this form if your landlord unreasonably denies your modification request. Access the form and guidelines at the New Hampshire Commission for Human Rights Complaint Page.
  Example: After a denied request for a bathroom grab bar installation, you can file this complaint for investigation.

Who Handles Rental Disputes?

Housing discrimination cases, including accessibility issues, are handled by the New Hampshire Commission for Human Rights, which investigates tenants' rights complaints statewide.

Relevant New Hampshire and Federal Laws

• New Hampshire RSA 354-A:10 – Unlawful Discriminatory Practices
• Federal Fair Housing Act

Read these for your full legal rights and as a reference when communicating with your landlord.

FAQs About Accessibility Modifications and Payment

1. Can my landlord deny my modification request?
   No, if the modification is reasonable and necessary due to your disability, the landlord cannot deny it. However, you may be responsible for all costs, and the landlord can require restoration after move-out, as outlined in RSA 354-A:10.
2. Does my landlord have to pay for accessibility changes in my apartment?
   Generally, no. Unless your rental is public or federally funded housing, New Hampshire law allows landlords to require tenants to pay for accessibility modifications. Some programs and grants may be available to assist.
3. What proof does my landlord need to approve my request?
   Your landlord can ask for proof of a disability and confirmation that the modification is necessary, but not detailed medical records. A doctor’s note or letter from a disability service provider is usually sufficient.
4. Can my landlord increase my security deposit because I need a modification?
   Landlords cannot charge a higher security deposit or extra rent because you require a modification for your disability. However, a reasonable restoration deposit may be required for certain modifications.
5. What should I do if my landlord refuses or delays a decision?
   You can file a complaint with the New Hampshire Commission for Human Rights for investigation and enforcement of your rights (file a complaint here).

Conclusion: Key Points for Renters with Disabilities

• New Hampshire law supports your right to reasonable accessibility modifications if you pay, unless in federally funded housing.
• Always submit requests in writing, understand restoration rules, and keep all agreements documented.
• Help is available: If your request is denied, file a complaint or contact state agencies for assistance.

With the right steps, you can make your rental accessible and protect your rights under New Hampshire and federal law.

Need Help? Resources for Renters

• New Hampshire Commission for Human Rights – For filing disability accommodation or housing discrimination complaints.
• NH Housing – Housing for Persons with Disabilities – Resources and support applying for housing assistance or modifications.
• HUD: Fair Housing Complaint Submission – For federal housing complaints.

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1. Fair Housing Act (42 U.S.C. 3601 et seq.)
2. New Hampshire RSA 354-A:10 – Unlawful Discriminatory Practices
3. New Hampshire Commission for Human Rights – Housing Discrimination Information

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