515 R.I. Code R. 515-RICR-10-00-3.4

Current through December 3, 2024

Section 515-RICR-10-00-3.4 - Accessibility and Accommodations For Persons With Disabilities

A. Design and Construction. Any housing accommodation of four (4) units or more constructed for first occupancy after March 13, 1991 shall be designed and constructed in compliance with the requirements of the Fair Housing Practices Act.

B. Reasonable Modifications. An owner cannot refuse to allow a person with disabilities to make, at their expense, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.

1. Reasonable modifications typically include, but are not limited to, installation of grab bars in a bathroom, widening a doorway to permit a wheelchair to pass and installation of lower sinks, toilets or environmental controls;

2. An owner can, where reasonable, condition permission for the reasonable modification on the tenant agreeing to restore the interior of the premises to the condition that existed before the modification. Modifications which would not interfere with a future tenant's enjoyment of the premises and which do not have to be restored could include, but are not limited to, widening a doorway, studs installed to hold grab bars or the lowering of environmental controls;

3. An owner can require, where reasonable, for the payment of a reasonable restoration deposit. This deposit shall be placed in an interest-bearing escrow account and the interest shall accrue to the benefit of the tenant. Factors to be considered in the reasonableness of a restoration deposit can include, but are not limited to, the cost to restore the premises, the income of the tenant and the length of the tenancy.

C. Other Accommodations. An owner may not refuse to make reasonable accommodations to rules, policies, practices or services, when those accommodations may be necessary to afford an occupant or prospective occupant with a disability equal opportunity to use and enjoy a dwelling and its facilities. This includes, but is not limited to, making reasonable accommodations to pet policies.

1. There must be an identifiable relationship, or nexus, between the requested accommodation and the person's disability.

2. Housing providers are entitled to verify the existence of the disability, and the need for the accommodation-if either is not readily apparent.

3. Housing providers are not required to provide any reasonable accommodation that would pose a direct threat to the health or safety of others.

4. A housing provider is not required to make an accommodation for an assistance animal if the presence of such animal would:

a. result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by a reasonable accommodation;

b. pose an undue financial and administrative burden; or,

c. fundamentally alter the nature of the housing provider's operations.

5. Not all animals necessary as a reasonable accommodation need to have specialized training.

515 R.I. Code R. 515-RICR-10-00-3.4

Adopted effective 1/8/2019