Grab Bars Permitted as Reasonable Modification Under the Fair Housing Act
Since 1991, HUD regulations have recognized the right of a tenant with a disability to install grab bars in a bathroom as a reasonable modification. Unfortunately, 30 years later our Center continues to see violations of these and other reasonable modification requirements under the Fair Housing Act.
In July 2019, Donald Davenport applied for an apartment unit in Oakland County. Because of a mobility impairment, Mr. Davenport asked for permission to install drilled-in grab bars in the shower. The grab bars would be installed at Mr. Davenport's own expense. The apartment complex, however, refused this request, insisting that only suction cup grab bars would be permitted. Suction cup grab bars would be dangerous for Mr. Davenport. Our office assisted the Davenport family in gathering evidence of this fair housing violation. We assisted the Davenports in filing a complaint with HUD and, thereafter, referred the complaint to the case to the U of M Law School's Civil Rights Litigation Initiative (CRLI).
The CRLI filed a federal court lawsuit, claiming that the apartment complex refused Mr. Davenport's reasonable modification request in violation of the Fair Housing Act and that the suction grab bars were insufficient for his needs. Although the apartment complex denied liability, the parties were able to reach a settlement that includes having the apartment complex place an anti-discrimination policy on the its website, having its staff receive fair housing training, and adding a disability rights notice on apartment complex's rental applications.
We appreciate the efforts of Professor Michael Mike Steinberg and the committed team of Student-Attorneys Erica Becker, Will Brodt, Patrick McDonnell, and Will Walker in filing the federal court complaint and in negotiating the settlement.
[Above is a photograph of Donald Davenport with student attorney Will Brodt.]
