Are You Handling Reasonable Accommodation Requests Correctly? A Recent Arizona Lawsuit is a Wake-Up Call for Landlords
Last month, Arizona Attorney General Kris Mayes announced that her office filed a lawsuit against a landlord for failing to adjust a rent payment policy for a tenant receiving Social Security Disability Insurance (SSDI).
According to the Attorney General’s press release:
“As alleged in the Complaint, to account for the delay in her Social Security payments, the tenant requested that [The Landlord] modify its rent payment policy to allow her to pay rent on the third of the month without penalty. [The Landlord] denied the requested accommodation unless the tenant paid an additional fee. The State alleges that the tenant’s request was reasonable on its face and should have been granted.”
This case highlights an important compliance issue for rental property owners and managers: handling reasonable accommodation requests under fair housing laws.
Why This Matters
Most landlords know that federal law prohibits discrimination based on disability, and that includes the obligation to make reasonable accommodations when requested. What some owners overlook is that accommodations can include changes to payment policies—especially when the timing of disability related benefits makes the standard due date impractical.
For example, SSDI payments are often deposited on the 3rd of the month. Courts have ruled that landlords may be required to adjust rent due dates in these situations.
Key Takeaway: The Interactive Process Is Required
If a resident asks for a policy change to accommodate a disability-related need, do not automatically deny the request. Even if the request seems inconvenient, you are required to engage in an interactive process to explore reasonable solutions. In many cases, a simple adjustment—like extending the due date by a few days—can avoid legal exposure and maintain compliance.
Action Steps for Landlords
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Review Your Policies: Does your lease or company policy allow flexibility for reasonable accommodation?
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Train Your Team: Property managers and leasing agents should know that these requests must be taken seriously.
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Document Everything: Keep records of the interactive process and any agreed-upon accommodations.
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When in Doubt, Get Guidance: Consult with legal counsel or a fair housing expert if a request seems unclear or burdensome.
Failing to comply can lead to lawsuits, penalties, and reputational harm. The good news? With proactive steps, you can stay compliant and provide fair, professional service to your residents.
Read the full press release and lawsuit here
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