Washington housing professionals must understand how two federal laws interact for disability protections:
1. Fair Housing Act (FHA) — applies to housing (rentals, sales, financing); protected class is "disability" 2. Americans with Disabilities Act (ADA) — applies to public accommodations and commercial facilities; not primarily a housing statute but affects commercial real estate
Under the FHA, "disability" means:
Past addiction to drugs or alcohol may qualify; current illegal drug use does not.
These two concepts are frequently confused on the exam.
| | Reasonable Accommodation | Reasonable Modification | |---|---|---| | What it is | A change to rules, policies, practices, or services | A physical change to the property | | Example | Allow a guide dog despite a no-pets policy | Install grab bars in the bathroom | | Who pays | The housing provider (landlord) | The tenant/buyer | | Applies to | Multi-family housing, rules/policies | The physical structure |
Reasonable accommodation — the landlord changes a rule or policy. A tenant with depression needs an emotional support animal; the landlord's "no pets" policy must accommodate this request. The landlord pays nothing; it's just a policy exception.
Reasonable modification — the tenant makes a physical change to the unit. A tenant in a wheelchair needs a roll-in shower. The tenant pays for the modification. The landlord must allow it but cannot be required to pay for it. The landlord may require the tenant to restore the unit to its original condition at move-out (if reasonable and feasible).
A landlord CAN:
A landlord CANNOT:
Multifamily housing built after March 13, 1991 with 4+ units must include accessible design features:
Real-world example: A Bellevue tenant with multiple sclerosis uses a wheelchair. She asks her landlord to allow her to install a ramp at the unit entrance and to allow her therapy dog (an ESA) despite the no-pets policy. The ramp is a reasonable modification — the tenant pays, and the landlord may require restoration at move-out. The ESA accommodation is a reasonable accommodation — the landlord cannot charge a pet deposit. Both requests are legally required under the FHA.
---
---
Quiz Questions:
Q1. A tenant in a Washington apartment with a "no pets" policy has a documented anxiety disorder and requests permission to keep an emotional support cat. The landlord refuses, citing the no-pets policy. Under the FHA, the landlord's refusal most likely:
A) Is permissible because the no-pets policy applies equally to all tenants B) Violates the FHA's reasonable accommodation requirement; the landlord must allow the ESA unless it poses a direct threat or causes undue hardship C) Is permissible because ESAs apply only to dogs, not cats D) Is permissible because the tenant should have disclosed the disability before signing the lease
Answer: B — The FHA requires housing providers to make reasonable accommodations, including adjusting no-pets policies to allow emotional support animals. ESAs are not limited to dogs. The landlord cannot deny the accommodation solely because of a blanket no-pets policy; the landlord would need to demonstrate a direct threat or undue hardship.
---
Q2. A Washington tenant with a mobility impairment asks her landlord's permission to install grab bars in the bathroom at her own expense. The landlord agrees but says he'll require her to remove them when she leaves and restore the bathroom to original condition. Is this requirement lawful?
A) No, the landlord cannot impose any conditions on a reasonable modification B) Yes, the FHA allows landlords to condition reasonable modifications on tenant restoration of the premises to original condition (where reasonable and feasible) C) No, the tenant paid for the modification and owns it regardless of the lease terms D) Yes, but the landlord must provide written reasons for requiring restoration within 10 days
Answer: B — Under the FHA, landlords may allow reasonable modifications AND require restoration of the premises at move-out, provided restoration is technically feasible and reasonable. Requiring grab bar removal is a common and lawful condition for granting modification approval.
---
Q3. A Seattle property owner charges a $500 pet deposit for all animals, including a tenant's guide dog (a trained service animal) and another tenant's ESA. Is this permissible under the FHA?
A) Yes, pet deposits apply uniformly and are not discriminatory B) No, charging a deposit for a service animal or ESA is a prohibited surcharge under the FHA; these animals are not "pets" C) Yes, but only for ESAs; service animals are exempt from deposits D) Yes, if the landlord's insurance requires it
Answer: B — Service animals and ESAs are not "pets" under the FHA. A landlord cannot charge additional pet fees, deposits, or rent for these animals. Doing so imposes a financial penalty on a person's disability accommodation, which constitutes illegal disability discrimination.
---
Q4. Multifamily housing built after March 13, 1991 with 4 or more units is required under the Fair Housing Act to include which design feature?
A) On-site parking spaces reserved for persons with disabilities, in proportion to the number of units B) Reinforced bathroom walls to allow for future installation of grab bars C) A full-time on-site accessibility coordinator D) Elevators in all buildings regardless of height
Answer: B — Post-1991 multifamily housing with 4+ units must include reinforced bathroom walls (among other features) as part of the FHA's design and construction requirements. This allows future installation of grab bars without structural retrofitting. Elevators are required only in buildings with 4+ units where the accessible entrance is not on the ground floor.
---
Q5. What is the key difference between a "reasonable accommodation" and a "reasonable modification" under the Fair Housing Act?
A) Reasonable accommodations are for tenants; reasonable modifications are for buyers B) Reasonable accommodations involve changes to rules/policies (provider pays); reasonable modifications involve physical changes to the property (tenant pays) C) Reasonable accommodations are required by the ADA; reasonable modifications are required by the FHA D) Reasonable accommodations require advance notice; reasonable modifications do not
Answer: B — The distinction is critical for exam purposes. Accommodations = policy/rule changes (the provider absorbs any cost). Modifications = physical alterations to the structure (the tenant or buyer pays). Both are required under the FHA when requested by a person with a disability, subject to the direct threat and undue hardship exceptions.