I’m Mike Fisher with MF CashFlow Property Management, part of M Property Group LLC, a Licensed Illinois Real Estate Broker. If there’s one fair housing issue that makes landlords freeze up, it’s a reasonable accommodation request. I get it. But after 35 years investing in Illinois real estate and managing rentals across the Chicago south and west suburbs, I’ll tell you this: fumbling one of these is one of the fastest ways to end up with a complaint filed against you. So let’s talk about what you actually need to do.
What a Reasonable Accommodation Request Is
Under the Fair Housing Act and the Illinois Human Rights Act, tenants and applicants with disabilities have the right to request changes to your rules, policies, or practices so they have an equal opportunity to use and enjoy the property. In real life that looks like this: a tenant asks you to waive your no-pets policy because they have a support animal, or they need a reserved parking spot closer to the entrance, or they want permission for a live-in aide who isn’t on the lease. These aren’t optional requests. You have to engage with them.
Reasonable Accommodation Requests for Illinois Landlords: Know the Law
The Illinois Human Rights Act covers disability discrimination in housing statewide. And since January 2023, Illinois also prohibits discrimination based on source of income, meaning you can’t turn away a Section 8 voucher holder just because they have a voucher. That’s a separate rule, but landlords mix it up with reasonable accommodations all the time. Know the difference so you’re not accidentally violating two laws when you think you’re dealing with one.
What You’re Actually Required to Do
Here’s where owners go wrong. They see a request and they panic, ignore it, or just say no. None of those are right. You engage, take the request seriously, and work toward a solution in good faith.
If the disability isn’t obvious, you can ask for documentation showing there’s a disability-related need for the accommodation. That’s reasonable. What you can’t do is demand full medical records or ask what the diagnosis is. You verify the need. You don’t interrogate someone’s health history. And you have to respond in a reasonable time frame. Sitting on a request for weeks isn’t an answer. Document everything and keep your correspondence. If an accommodation request comes up during your tenant screening process, handle it then, not after you’ve already made a decision.
When You Can Say No and When You Really Can’t
Yes, you can deny a reasonable accommodation request. But the bar is high. You can deny it if granting it creates an undue financial or administrative burden on you, or if it fundamentally changes the nature of your housing. “I don’t want to” isn’t undue hardship. You can also propose an alternative accommodation if it meets the tenant’s need a different way. That’s fine, that’s the process working. But if you’re going to deny anything, put it in writing, explain why, and make sure you actually engaged with the request first. If a complaint gets filed, the Illinois Department of Human Rights is who you’ll be talking to, and they take this seriously.
Assistance Animals: The One That Trips Everyone Up
This comes up all the time, so let me be direct. If a tenant requests an assistance animal because of a disability, that’s a reasonable accommodation request, not a pet request. You can ask for documentation of the need if the disability isn’t obvious. If the animal causes damage, charge for it the same way you’d charge for any other damage. “I don’t like animals in my units” doesn’t cut it here.
Build a Process Before You Need One
The best protection is having a process in place before a request ever comes in. Have a written accommodation policy. Respond to every request in writing. Keep records. Don’t make decisions based on assumptions about what someone needs or doesn’t need. If you’re not sure whether something qualifies, talk to a fair housing attorney. Or work with a property manager who handles this stuff every day. If you’re wondering what professional management actually costs, it’s probably less than you think, and the compliance protection is a big part of what you’re getting.
FAQ: Reasonable Accommodation Requests for Landlords
Does a reasonable accommodation request have to be in writing? No. The tenant doesn’t have to put it in writing. But you should document it the moment it comes in and always respond in writing yourself. That paper trail is your protection.
Can I ask what the tenant’s disability is? No. You can ask for documentation that verifies there’s a disability-related need for the accommodation. You can’t ask for a specific diagnosis or detailed medical records.
What if I just ignore a reasonable accommodation request? The tenant can file a complaint with the Illinois Department of Human Rights or HUD. Engage with every request, even if your final answer ends up being no.
If you want to talk through how we handle this for our owners, or you just want a second opinion on where you stand, book a call with me. I’d rather spend 20 minutes with you now than have you dealing with a complaint six months from now. Start with a free rental analysis and we’ll go from there.
This is general information, not legal advice.
