Reasonable Modifications of Existing Premises

PURPOSE: This rule establishes guidelines regarding modifications made to premises for a person with a disability. (1) It shall be unlawful for any person to refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by a person with a disability, if the proposed modifications may be necessary to afford the person with a disability full enjoyment of the premises. In the case of a rental, the landlord, where it is reasonable to do so, may condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase any customarily required security deposit for persons with disabilities. However, where it is necessary to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may 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 in this account shall accrue to the benefit of the tenant. (2) A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a satisfactory manner and that any required building permits will be obtained. (3) The application of this rule may be illustrated by the following examples: (A) Example 1: A tenant with a handicap asks his/her landlord for permission to install grab bars in the bathroom at the tenant’s expense. It is necessary to reinforce the walls with blocking between studs in order to affix the grab bars. It is unlawful for the landlord to refuse to permit the tenant, at the tenant’s own expense, from making the modifications necessary to add the grab bars. However, the landlord may condition permission for the modification on the tenant agreeing to restore the bathroom to the condition that existed before the modification, reasonable wear and tear excepted. It would be reasonable for the landlord to require the tenant to remove the grab bars at the end of the tenancy. The landlord also may reasonably require that the wall to which the grab bars are to be attached be repaired and restored to its original condition, reasonable wear and tear excepted. However, it would be unreasonable for the landlord to require the tenant to remove the blocking, since the reinforced walls will not interfere in any way with the landlord’s or the next tenant’s use and enjoyment of the premises and may be needed by some future tenant. (B) Example 2: An applicant for rental housing has a child who uses a wheelchair. The bathroom door in the dwelling unit is too narrow to permit the wheelchair to pass. The applicant asks the landlord for permission to widen the doorway at the applicant’s own expense. It is unlawful for the landlord to refuse to permit the applicant to make the modification. Further, the landlord, in usual circumstances, may not condition permission for the modification on the applicant paying for the doorway to be narrowed at the end of the lease because a wider doorway will not interfere with the landlord’s or the next tenant’s use and enjoyment of the premises. AUTHORITY: sections 213.030 and 213.040, RSMo 2000.* Original rule filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1993, 1995, 1998 and 213.040, RSMo 1986, amended 1992, 1998.