New York Real Estate Journal

Legislative news: New guidance on FHA's "reasonable modifications"

April 18, 2008 - Brokerage
On March 5, the Departments of Housing and Urban Development (HUD) and Justice (DOJ) released guidance reinforcing the right of persons with disabilities to make "reasonable modifications" to their dwellings if a structural change to their dwelling or to a common area of the building or complex in which they live is needed. The guidance is designed to strengthen housing providers and homeowners' associations' understanding of their obligations regarding the "reasonable modifications" provision of the federal Fair Housing Act (FHA). The new guidelines, issued in the form of questions and answers, cover such topics as: * What is a reasonable modification? * Who must comply with the reasonable modification requirement? * Who is responsible for expenses associated with the upkeep or maintenance of a reasonable modification? * When and how should an individual request permission to make a modification?  * What types of documents and assurances may a housing provider require regarding the modification before granting the modification? * What procedures are available to a person wishing to challenge a denial of a requested modification? The guidelines are available online at http://www.usdoj.gov/fairhousing. On February 28, the house passed H.R. 5351, the Renewable Energy and Energy Conservation Act of 2008, by a vote of 236 to 182. The bill would extend federal tax incentives for energy efficiency and renewable energy technologies that have expired or will expire at the end of this year. Specifically, it extends tax incentives for energy efficiency in commercial buildings. IREM, the CCIM Institute, and NAR are part of a coalition that supports H.R. 5351. The coalition sent a letter in support of the bill to house representatives prior to the house vote on the bill. In its letter the coalition stated that the incentives must be extended immediately to avoid significant harm to the developing clean energy industries in the U.S. The technologies produced by these industries play a vital role in reducing global warming pollution, creating new high-wage jobs in our country, and saving consumers and businesses money on their energy bills.