Tenant will get curtains - and foot the bill
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2 [2008-6-16]
Tag : blackout curtains
Q : I s uffer from severe migraine headaches. Because of this problem, mydoctor has recommended that I get "blackout" curtains for myapartment windows. For several weeks I have talked to the residentmanager about putting up the curtains, but I haven't had aresponse. Since this is a medical need, can I go ahead and installthem myself?
A: Under federal and state fair-housing laws, tenants withdisabilities are entitled to reasonable accommodations andmodifications in their tenancy in order for them to fully enjoy thedwelling.
Since there is a clear nexus between your disability (migraines)and the need for new curtains, you can request the reasonablemodification from your landlord - as you already have. The landlordmust approve the request, so long as it does not pose an unduefinancial or administrative burden.
For modifications like yours, the landlord has the right to approvethe changes and ensure a workmanlike product, but the tenant isresponsible for the cost. Any unreasonable delay or denial of therequest could be the basis for an affirmative discrimination claim.Since your landlord has not responded to your verbal requests, youshould try putting the request in writing, giving the landlord aspecific date by which to respond.
You should include some documentation from your treating medicalprofessional to substantiate your request. If he does not respondby that date, you have the option of filing a complaint against himwith an enforcement agency, or simply putting in the curtainsyourself.
Your local fair-housing agency can often greatly assist in theprocess of requesting reasonable accommodations or modifications,so you should consider calling them first, because your landlordmay be unaware of the relevant rules and requirements foraccommodations.
Q : I s uffer from severe migraine headaches. Because of this problem, mydoctor has recommended that I get "blackout" curtains for myapartment windows. For several weeks I have talked to the residentmanager about putting up the curtains, but I haven't had aresponse. Since this is a medical need, can I go ahead and installthem myself?
A: Under federal and state fair-housing laws, tenants withdisabilities are entitled to reasonable accommodations andmodifications in their tenancy in order for them to fully enjoy thedwelling.
Since there is a clear nexus between your disability (migraines)and the need for new curtains, you can request the reasonablemodification from your landlord - as you already have. The landlordmust approve the request, so long as it does not pose an unduefinancial or administrative burden.
For modifications like yours, the landlord has the right to approvethe changes and ensure a workmanlike product, but the tenant isresponsible for the cost. Any unreasonable delay or denial of therequest could be the basis for an affirmative discrimination claim.Since your landlord has not responded to your verbal requests, youshould try putting the request in writing, giving the landlord aspecific date by which to respond.
You should include some documentation from your treating medicalprofessional to substantiate your request. If he does not respondby that date, you have the option of filing a complaint against himwith an enforcement agency, or simply putting in the curtainsyourself.
Your local fair-housing agency can often greatly assist in theprocess of requesting reasonable accommodations or modifications,so you should consider calling them first, because your landlordmay be unaware of the relevant rules and requirements foraccommodations.
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