Disability Requests at Your Apartment Complex — Accommodations, Modifications, and Assistance Animals
Most fair housing complaints against apartment owners in Massachusetts are not about who got rejected at the application stage. They are about how management handled a request from a resident with a disability. A request that sits unanswered, a form letter denial, or a pet fee charged on an emotional support animal can turn into a claim at the Massachusetts Commission Against Discrimination (MCAD) or in court.
Two laws apply
The federal Fair Housing Act and Massachusetts General Laws chapter 151B both prohibit disability discrimination in housing. Chapter 151B is broader in several ways that matter to owners of larger buildings, discussed below. If you comply with federal law but not state law, you are not in compliance.
Accommodations vs. modifications
A reasonable accommodation is a change to a rule, policy, or practice. Examples: allowing an assistance animal in a no-pet building, assigning a reserved parking space near the entrance, allowing a third party to receive notices on the tenant's behalf, or adjusting the rent due date to match the date a disability benefit is paid.
A reasonable modification is a physical change to the unit or common areas. Examples: grab bars, a ramp, lever door handles, or a widened doorway.
Who pays for modifications in Massachusetts
Under federal law, the tenant generally pays for a modification. Massachusetts law is different. Owners of publicly assisted housing, and owners of multiple dwelling housing with ten or more units, are generally required to pay for reasonable modifications themselves. There are limits, but if you own a mid-size or large complex, assume the cost is yours until you have confirmed otherwise.
How to handle a request
A resident does not have to use any particular words or form. A verbal request to a leasing agent or maintenance staff counts. Train staff to recognize a request and route it to one person.
1. Log the date the request was made.
2. If the disability and the need are obvious, do not ask for documentation.
3. If they are not obvious, you may ask for reliable information that the person has a disability and that the request is related to it. You are not entitled to a diagnosis or medical records.
4. Respond promptly and in writing.
5. If you cannot grant the specific request, propose an alternative and discuss it with the resident before denying.
A request can be denied if it would impose an undue financial and administrative burden, would fundamentally alter the nature of your operations, or if granting it would pose a direct threat to others that cannot be reduced by another accommodation. These are narrow grounds. Document the reasoning.
Assistance animals
An assistance animal is not a pet. That covers trained service animals and emotional support animals. If the resident has a disability and a disability-related need for the animal, a no-pet policy, breed restriction, or weight limit is not a basis to deny.
Practical points:
• Do not charge a pet fee, pet rent, or additional deposit for an assistance animal. In Massachusetts, the security deposit statute already limits what you can collect at the start of a tenancy.
• The resident remains responsible for damage the animal causes and for the animal's behavior. You can enforce lease terms on noise, waste, and damage the same way you would for any resident.
• A denial based on a specific animal's actual conduct (a documented bite, for example) is different from a denial based on breed or size. The first can be defensible. The second usually is not.
• Online certificates purchased without a real evaluation are a common problem. You can ask for reliable documentation. You cannot ignore a request because you suspect the paperwork is weak. Respond, and ask for what you need.
The 2025 HUD guidance withdrawal
In September 2025, HUD withdrew its prior guidance on assistance animals, including FHEO Notices 2013-01 and 2020-01. Some owners have read this as a change in the law. It is not. The Fair Housing Act and its regulations still require reasonable accommodations. Chapter 151B is unchanged, and MCAD and private plaintiffs continue to bring these claims. What changed is that there is less federal guidance on documentation and process, which makes a written internal policy more important.
What to put in place
• A written reasonable accommodation and modification policy
• One designated person who receives and decides requests
• A request log with dates and outcomes
• Template response letters reviewed by counsel
• Staff training at least once a year, including maintenance and leasing staff
If a request comes in that you are unsure about, get advice before you deny it. Most of these claims are avoidable with a prompt written response and a short conversation with the resident.
If you are a property manager and have a question about fair housing, contact Sandonato Law at 617-481-2742.