HUD Regulations and Tenant Home Mod requests -- reasonable or not?

Question

Legal/home modification request advice; rental in NW Denver, Colorado area.  Tenant claims to have multiple disabilities  that make it necessary to have home modifications (she receives SSI/SSDI).  This list and demand from tenant is growing but without documentation from a licensed doctor.  The latest was the demand for a new fence with an electronic lock, a new back sliding door (one is there already) with an electronic lock and front door electronic lock.   Tenant insists that any modifications (paid by landlord) will be owned by tenant and will go with her if/when she leaves and that landlord will restore back to previous at landlord's expense.  (My legal research states very differently--that tenant, after modifications are approved ahead by landlord, has to restore at tenant expense the unit if leaving.)

Back story:  Tenant receives 92-100% of rent subsidized by Coalition for the Homeless.  A new front door was recently installed and tenant switched another lock with the lock that landlord had contractor install during the installation (without written permission according to the lease).  Landlord warned and then had to send a demand letter for non-compliance (missing/late rent and change of locks).  Tenant promised to change the lock back but after a meeting with the Coalition, landlord, and tenant, where documentation was determined to be needed for the new "accommodation" for front door electronic lock, the tenant sent a letter detailing all the requirements she MUST have including the electronic locks above.  With this multi-page "request" letter, tenant insists on duct cleaning once a year and pest spraying twice a year (likely reasonable), sprinkler system to spray her plants, and other unrealistic expectations, along with brand new sliding back door and new fence and gate with electronic lock.   This letter was composed by the tenant (no official postmark) and has no professional signature (by doctor or legal person).   Eviction is the next step legally as far as my research has shown and the demand letter period is over.

Russell Brazil · Answer

Accommodations if needed are paid for by the tenant. When tenant leaves, they need to pay to revert the premises back to its original condition.

Drew Sygit · Answer

@Karen Spriggs check these links out to support what @Russell Brazil posted:

https://fhlaw.org/home/know-your-rights/reasonable-accommoda...

https://www.justice.gov/crt/us-department-housing-and-urban-...

Colleen F. · Answer

@Keith Jablonowski  I think what you posted says if the Housing provider receives federal assistance, not the tenant.

@Karen Spriggs    To show that a requested modification may be necessary, there must be an identifiable relationship, or nexus, between the requested modification and the individual’s disability.  Further, the modification must be “reasonable.”  So  the request must be needed basically to perform the life function impaired by the disability. She needs a gate she can open not necessarily an electronic gate.

Get a lawyer I don't see how this law requires you to pay for modifications but that what the lawyers are saying. There must be something else too. It does strike the requirement to restore modifications to the previous state too.   That is a big burden in some cases. I think your tenant saw a gravy train and hopped on. 2024a_1318_signed.p

My thought would be try to reset expectations in line with the law and also get her out. She sounds like a headache.

Theresa Harris · Answer

Talk to her case worker, but no way a new fence is required as part of any disability.  Where I have rentals (not CO), landlords are not required to make changes to an existing property.  A tenant can have modifications met with permission, but have to pay for them and restore the home when they leave.

Keith Jablonowski · Answer

Complete BS, but at least you know the law in your state now regarding this situation.  Now you just have to figure out what is reasonable and what is not.

Jules Aton · Answer

I would not renew the lease and would be on the lookout for the opportunity to evict if it presents.

Matthew Paul · Answer

I think you should wash and detail their car once a month , fill up the gas tank and pay for a nice restaurant once a month .

Do what is necessary to get rid of this tenant

David Peschio · Answer

Just stick to what Russell said and that will keep you complient and out of any legal issues.

Henry T. · Answer

Find a good eviction attorney, call a few and get their prices. Start eviction proceedings at the first opportunity within the law and your lease terms. Maybe your son needs a place?

Karen Spriggs · Answer

Just spoke with another attorney and CCH (Coalition) is a state program and depending on source of funding, may not fall under federal jurisdiction.  However, researching state laws is always a necessity.  Recent laws in CO change the financial responsibility from the tenant to the landlord and do not require the tenant to pay to restore!!  August 2024 was one of those.

https://www.ottenjohnson.com/news/2024-legislative-updates-new-landlord-tenant-laws-in-colorado/#

HUD Regulations and Tenant Home Mod requests -- reasonable or not?

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