Who Pays for Accessibility Modifications in ND Rentals?

If you’re a renter in North Dakota and have a disability that requires your home to be modified for accessibility, it’s important to know your rights and responsibilities. Making reasonable changes—such as installing grab bars, ramps, or lowering cabinets—can help you live comfortably, but the question of who pays for these accessibility modifications is a common concern for both renters and landlords.

Understanding Reasonable Accommodations and Modifications

Federal laws such as the Fair Housing Act require landlords in North Dakota to provide reasonable accommodations for tenants with disabilities. A reasonable accommodation is a change to rules or policies, while a reasonable modification is a physical change to the rental unit or common areas.

• Examples of modifications: adding a wheelchair ramp, widening doorways, installing grab bars in the bathroom.
• Modifications must be necessary for the tenant to use their home fully.

Landlords may not refuse your right to make reasonable modifications, but there are rules regarding costs and how requests must be made. In North Dakota, these rights are enforced under the federal Fair Housing Act and the North Dakota Human Rights Act.¹

Who Pays for Accessibility Modifications in North Dakota?

In most cases, the renter is responsible for paying the cost of disability-related modifications to a rental unit, unless the property receives federal funding (such as through Section 8 or HUD-subsidized buildings), where the landlord may be responsible.

• If you rent from a private landlord, you will usually pay for modifications yourself.
• Landlords can require work to be done professionally and may ask for the unit to be restored to its original condition when you move out.
• Landlords cannot deny your right to modify but may set reasonable conditions to protect their property.

Before you make any changes, always submit a written request to your landlord. It helps to describe the modification, why it’s needed, and how you propose to pay for and carry out the work. If your landlord requires it, you might need to agree to restore the property to its previous state or pay into an escrow account that covers restoration costs.

Official Forms for Accessibility Requests

• Reasonable Accommodation/Modification Request Form
  (No state-specific number; use the official HUD model template)
  This form is used to formally request an accessibility modification or policy change in writing. For example, if you need to install a shower grab bar for safety—fill out this form and submit it to your landlord.
  HUD Sample Reasonable Accommodation Request Form

If your request is denied or you face retaliation, you can file a complaint with the North Dakota Department of Labor and Human Rights, which handles housing discrimination and tenancy issues for renters in the state.²

North Dakota Rental Legislation and Where to Get Help

Accessibility in rentals is protected by both federal and state laws. The primary tribunal for rental disputes in North Dakota is the local district courts, but for discrimination or accommodation issues, the North Dakota Department of Labor and Human Rights is your main resource. Key laws include:

• North Dakota Human Rights Act
• Federal Fair Housing Act

What to Do If Your Landlord Refuses a Modification

If your landlord denies your request, follow these steps to protect your rights:

• Make sure your request is in writing and clearly links the modification to your disability.
• Contact the North Dakota Department of Labor and Human Rights to learn about filing a complaint.
• Keep records of all communications with your landlord.
• Consider mediation before pursuing legal action.

FAQ: Accessibility Modifications in North Dakota Rentals

1. Can my landlord refuse my request for a modification? Landlords cannot unreasonably deny a request for a necessary accessibility change if you pay the cost and follow the proper process. They may suggest reasonable alternatives or set restoration requirements.
2. Do I have to restore my apartment when I move out? Typically yes, unless the modification will not interfere with future tenants’ use. Landlords can require a restoration agreement or deposit beforehand.
3. What if my building is federally funded? If your building receives federal subsidies, the landlord may be responsible for the cost of accessibility modifications. Always confirm the funding status and check with your local housing authority.
4. Where do I file a complaint about accommodation discrimination? In North Dakota, you file with the Department of Labor and Human Rights.
5. Is there a required form for accessibility requests? While North Dakota does not have an official state-specific form, the recommended option is the HUD Reasonable Accommodation Request Form.

Key Takeaways for Renters

• Renters typically pay for accessibility modifications in privately owned North Dakota rentals.
• Submit all requests in writing and use official forms whenever possible.
• State and federal laws protect your right to accessibility; reach out for help if your request is denied or ignored.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Handles discrimination complaints and tenant accommodations.
• HUD Accessibility Rights FAQ – Detailed federal info on accessibility in housing.
• North Dakota Human Rights Act – Full state legislation text.
• ND Labor and Human Rights Contact – Phone and email assistance for renters.

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1. North Dakota Human Rights Act (NDCC Title 14, Chapter 02.4)
2. North Dakota Department of Labor and Human Rights – Housing Discrimination

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