HUD Handbook 4350.3 § 2-47

Accordance with the Fair Housing Act

         A.       Owners must permit the modifications if they are reasonable and may be
                  necessary to afford a person with a disability full enjoyment of the premises.

         B.       Owners may, where it is reasonable to do so, impose the condition that when
                  vacating the unit, the tenant will restore the interior of the premises to the state
                  that existed before the modification, reasonable wear and tear excepted. The
                  owner should not require the tenant to restore the unit to the state that existed
                  before the modification if the modification benefits the property or is needed by
                  another tenant.

                     Example – Owners Requiring Tenants to Restore Units to Their
                                        Original Condition
                  For marketing reasons or operational considerations, the owner may
                  require the tenant to raise cabinets that have been lowered or replace
                  roll-under lavatories with the previously existing vanity/sink combination.

C.       Owners may not require any increased security deposits for persons with
                  disabilities. However, where it is necessary in order to ensure that funds will be
                  available to pay for restorations at the end of the tenancy, the Fair Housing Act
                  allows the owner to negotiate as part of a restoration agreement, a provision
                  requiring that the tenant pay into an interest bearing escrow account, over a
                  reasonable period, a reasonable amount of money not to exceed the cost of the
                  restorations. The interest of such an account must accrue to the benefit of the
                  tenant.

HUD Occupancy Handbook                               2-43                                                 6/07
Chapter 2: Civil Rights and
Nondiscrimination Requirements

                                                              Additional Nondiscrimination and Accessibility
                                                                 Requirements for Persons with Disabilities

                                                                                              Subsection 5:
                                                                  Additional Fair Housing Act Requirements

D.       Owners may condition permission for a modification on the tenant’s providing
                 reasonable assurances that the work will be done in a workmanlike manner and
                 that any required building permits will be obtained.

Section 4: Housing Discrimination Complaints and Compliance Reviews