Who Pays for Accessibility Modifications in SC Rentals?

Renters in South Carolina who need accessibility modifications because of a disability often wonder who is responsible for paying for these changes. Understanding your rights and the landlord’s obligations under state and federal law is important, especially if you need accommodations to help you live safely and comfortably in your rental.

Your Rights to Accessibility in South Carolina Rentals

Both the federal Fair Housing Act and South Carolina law require landlords to provide reasonable accommodations for tenants with disabilities, which may include allowing modifications to the rental property.^[1] However, whether you or your landlord pays for the modifications depends on the situation.

Who Pays for Modifications?

In most situations in South Carolina, renters are responsible for paying the cost of reasonable accessibility modifications they request for their apartment or rental home. Examples include installing grab bars in the bathroom, wheelchair ramps, or lowering counters. Landlords cannot charge extra fees or deposits for having a disability, but they can require:

• You pay for the installation
• You agree to restore the property to its original condition when you move out (if it’s reasonable)
• You provide written proposals and use qualified professionals for the work

Landlords must still consider accommodations to rules or policies, such as a reserved accessible parking spot, at their own cost if the request is reasonable.

How to Request Accessibility Modifications

If you need to make modifications for accessibility, you should provide a written request to your landlord. This request should clearly state what changes you need and explain that they are necessary due to a disability. Your landlord cannot deny reasonable requests without good reason.

Using Official Forms: South Carolina Reasonable Accommodation Request

South Carolina does not have a required statewide form for requesting reasonable accommodations, but you may use the HUD Form 903 Complaint Form (U.S. Department of Housing and Urban Development) if your request is denied or if you face discrimination.

• Form: Housing Discrimination Complaint Form (HUD Form 903)
• When to Use: If your landlord refuses your reasonable accessibility modification request, or discriminates based on your disability, you can complete and submit this form to HUD.
• Practical Example: If you requested a wheelchair ramp and your landlord rejected the request without valid cause, you can use HUD Form 903 to file a complaint.

What If the Modification Is for a Common Area?

Landlords are generally responsible for maintaining accessible common areas like entrances and community spaces. If a modification to a shared space is needed for accessibility, your landlord may need to cover the cost if it falls under reasonable accommodation requirements.

Your written request should be clear and specific. Keep copies of all communications with your landlord for your records.

South Carolina Law and Where to Get Help

In South Carolina, rental disputes including accessibility and disability rights are overseen by local Magistrate Courts.^[2] South Carolina’s rental laws are outlined in the South Carolina Residential Landlord and Tenant Act.^[3] These laws protect both tenants and landlords and state that landlords cannot refuse reasonable accommodations or modifications for disabilities.

Summary of Key Points

• As a tenant, you usually pay for in-unit accessibility modifications you request, but must have your landlord’s permission.
• The landlord may require you to return the unit to its prior condition when you move out (reasonable wear and tear excepted).
• If your landlord refuses your reasonable request, you can file a complaint using official forms or contact your local tribunal.

Frequently Asked Questions

1. Can my landlord refuse my accessibility modification request?
   Landlords in South Carolina can only refuse requests if the modification is not reasonable, would cause major property damage, or would place an undue financial or administrative burden.
2. Do I have to restore the property after modifying it?
   You may be required to restore the rental unit to its original condition (reasonable wear and tear excepted) when you move out, especially for major changes.
3. What if I cannot afford the modifications?
   You may qualify for grants or assistance through nonprofit or government programs. Contact the South Carolina Department of Disabilities and Special Needs for potential support.
4. Is my landlord allowed to ask for extra deposits?
   No, a landlord cannot charge extra deposits for the modification itself but may ask for reasonable assurance that you will restore the unit, if appropriate.
5. Who handles rental disputes about accessibility in South Carolina?
   Magistrate Courts handle landlord-tenant disputes, including disagreements about disability accommodations.

Key Takeaways for South Carolina Renters

• You can request accessibility modifications due to disability, but you usually pay for them.
• The landlord may require you to restore the unit, and reasonable requests generally cannot be denied.
• If you believe your rights are denied, file a complaint with HUD or your local Magistrate Court.

Need Help? Resources for Renters

• HUD's Fair Housing Complaint Process
• South Carolina Department of Disabilities and Special Needs
• South Carolina Magistrate Courts – Handles rental disputes
• South Carolina Residential Landlord and Tenant Act (full legislation)

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1. Fair Housing Act – U.S. Department of Justice
2. South Carolina Magistrate Courts – Official Portal
3. South Carolina Residential Landlord and Tenant Act

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