Purpose:
This policy outlines the rules and procedures for tenants who wish to make alterations or modifications to their rental units. It ensures compliance with Massachusetts state law and applicable federal laws, including the Fair Housing Act.
▃▃▃▃▃▃▃▃▃▃▃▃
1.1 Approval Required:
Tenants must obtain written permission from the property management company before making any alterations or modifications to the rental unit. Unauthorized changes are prohibited and may result in penalties, including restoration costs.
1.2 Definition of Alterations and Modifications:
Alterations or modifications include, but are not limited to:
- Painting or wallpapering.
- Installing fixtures or appliances.
- Making structural changes, such as removing or adding walls.
- Modifying plumbing, electrical, or HVAC systems.
- Installing shelves, hooks, or other fixtures that require drilling or significant wall penetration.
- Any changes impacting accessibility or safety features.
▃▃▃▃▃▃▃▃▃▃▃▃
2. Tenant Responsibilities
2.1 Submission of Requests:
Tenants must submit a detailed written request to the property management office, specifying:
- The nature and purpose of the proposed alteration or modification.
- Materials and methods to be used.
- The estimated timeline for completion.
2.2 Compliance with Laws and Codes:
All alterations or modifications must comply with local building codes, Massachusetts state law, and federal regulations. Permits, if required, must be obtained and provided to the property management company before work begins.
2.3 Qualified Professionals:
Any work involving electrical, plumbing, or structural changes must be performed by licensed and insured professionals approved by the property management company.
2.4 Restoration:
At the end of the lease, tenants may be required to restore the unit to its original condition, unless otherwise agreed upon in writing.
▃▃▃▃▃▃▃▃▃▃▃▃
3. Accessibility Modifications
3.1 Fair Housing Act Compliance:
Under the Fair Housing Act, tenants with disabilities have the right to make reasonable modifications to improve accessibility at their own expense. These may include:
- Installing grab bars in bathrooms.
- Widening doorways.
- Lowering countertops or cabinets.
- Adding ramps.
3.2 Notification Requirements:
Tenants must notify the property management company in writing before making any accessibility-related modifications. The request must include:
- A description of the modification.
- The intended purpose of the modification.
- Assurance that the work will be conducted by licensed professionals (if applicable).
3.3 Restoration for Accessibility Modifications:
In certain cases, tenants may be required to restore the unit to its original condition at the end of the lease if the modification does not benefit future tenants. This requirement will be communicated in writing before approval is granted.
3.4 Landlord Assistance:
The property management company will cooperate with tenants to ensure reasonable accommodations or modifications are implemented in compliance with federal and state laws.
3.5 Verification of Disability:
- The landlord reserves the right to request verification of a tenant’s disability to determine the necessity of an accommodation or modification. This verification is to ensure compliance with the Fair Housing Act and HUD guidelines.
- For information on acceptable documentation, please refer to the U.S. Department of Housing and Urban Development’s Guidance on Documenting an Individual’s Need for Assistance Animals in Housing.
- For your convenience, the landlord provides the “Verification of Disabled Status by a Health Care Professional” form. However, tenants and their healthcare providers are not required to use this specific form.
3.5.1 Verification Process:
- The landlord may request documentation verifying that the applicant or resident has a disability and requires the requested accommodation or modification to have equal access to and enjoyment of the leased premises.
- Documentation may be provided in any form, provided it meets HUD qualifications for verifying the need for accommodations or modifications.
3.5.2 Reasonable Accommodation or Modification:
- If the landlord’s accommodation or modification is necessary for the applicant or resident to have equal opportunity to use and enjoy the leased premises or common areas, the accommodation or modification will be granted.
- The landlord is not required to grant requests that are not reasonable, including those that would impose an undue financial burden or require a fundamental change to the premises.
▃▃▃▃▃▃▃▃▃▃▃▃
4. Prohibited Alterations
The following alterations are strictly prohibited:
- Structural changes that compromise the building’s integrity.
- Modifications that violate building codes or zoning regulations.
- Changes to shared systems, such as HVAC, plumbing, or electrical, without prior approval.
- Installation of hazardous or flammable materials.
▃▃▃▃▃▃▃▃▃▃▃▃
5. Inspections and Monitoring
5.1 Periodic Inspections:
The property management company reserves the right to inspect the unit during and after the completion of approved alterations or modifications to ensure compliance with the approved plans.
5.2 Violation Consequences:
Unauthorized alterations or failure to comply with approved plans may result in:
- Written warnings.
- Restoration fees charged to the tenant.
- Lease termination in severe cases.
▃▃▃▃▃▃▃▃▃▃▃▃
7. Legal Compliance and Tenant Responsibility
7.1 Permits and Licensing:
- Obtaining all permits, licenses, and fulfilling all requirements mandated by federal, state, and local jurisdictions or any governmental agency is the sole responsibility of the Tenant. The Landlord accepts no responsibility or liability for the Tenant's failure to do so.
7.2 Tenant Liability for Non-Compliance:
- The Tenant understands that any fines, legal consequences, or costs incurred due to failure to adhere to requirements imposed by federal, state, or local jurisdictions or governmental agencies are the sole responsibility of the Tenant.
7.3 No Guarantees or Warranties:
- The Landlord has made no promises, guarantees, or warranties regarding the ability of the Tenant to obtain or be granted permission for alterations, modifications, or improvements by any governmental agency.
- It is the Tenant’s responsibility to ensure that permitted use and any changes, improvements, and/or alterations meet all federal, state, and local laws, zoning ordinances, building codes, OSHA, EPA, or other regulations.
7.4 Lease Default:
- The Tenant understands that violation of this policy constitutes a default of the lease agreement and may result in penalties, including potential lease termination.
▃▃▃▃▃▃▃▃▃▃▃▃
8. Americans with Disabilities Act (ADA) Compliance
8.1 Overview of ADA Requirements:
- The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and requires property owners and managers to make reasonable accommodations for accessibility.
- ADA compliance generally applies to public accommodations, such as leasing offices and common areas, rather than individual residential units. However, reasonable modifications may still be required under the Fair Housing Act.
8.2 Properties Subject to ADA:
- Certain properties may be exempt from ADA requirements due to factors such as age or historical designation. Properties built before January 26, 1993, are generally not required to comply with ADA standards unless significant renovations have been made to public areas after this date.
- Historical buildings may qualify for exemptions if modifications would threaten or destroy historical significance. However, alternative accessibility measures may still be required where feasible.
- Properties with public areas, such as lobbies, leasing offices, and recreational spaces, must comply with ADA standards for accessibility. This includes:
- Accessible entryways and parking spaces.
- Signage with braille.
- Restrooms designed to ADA specifications.
- Individual residential units are typically covered under the Fair Housing Act, not the ADA, but modifications for accessibility may overlap.
8.3 Tenant Requests for Accessibility Modifications:
- Tenants may request modifications to their units or common areas to improve accessibility. Requests must be made in writing and include:
- A description of the modification.
- Justification for the modification as it relates to the tenant’s disability.
8.4 Landlord Obligations:
- The property management company will evaluate each request in compliance with ADA guidelines and other applicable laws.
- Public spaces within the property must meet ADA standards for accessibility, and reasonable accommodations will be provided as needed.
8.5 Tenant Responsibilities:
- Tenants are responsible for the cost of accessibility modifications to their individual units unless otherwise agreed upon in writing.
- Tenants must ensure that all modifications comply with ADA standards, as well as state and local building codes.
- Tenants may be required to restore the unit to its original condition at the end of the lease if the modification does not benefit future tenants, as allowed by law.
8.6 Restoration and Documentation:
- If restoration is required, the tenant must notify the property management company before vacating the unit to ensure compliance with lease terms and federal regulations.
▃▃▃▃▃▃▃▃▃▃▃▃
9. Costs of Alterations and Modifications
9.1 Tenant Responsibility for Costs:
- Unless otherwise agreed upon in writing, all costs associated with alterations or modifications, including materials, labor, and necessary permits, are the sole responsibility of the Tenant.
9.2 Landlord-Initiated Modifications:
- If the Landlord requires or initiates modifications for property improvements, accessibility compliance, or safety standards, the Landlord will bear the associated costs.
9.3 Restoration Costs:
- At the end of the lease, if restoration to the unit’s original condition is required, the Tenant will be responsible for all associated costs unless the Landlord has agreed in writing to retain the modifications.
9.4 Accessibility Modifications:
- Tenants with disabilities may request reasonable modifications to improve accessibility at their own expense, as outlined under the Fair Housing Act. However, the Landlord may choose to cover costs in certain situations or as required by applicable law.
9.5 Fines and Non-Compliance Costs:
- The Tenant understands that failure to adhere to federal, state, or local regulations, including obtaining required permits, may result in fines or additional costs. These costs will be the sole responsibility of the Tenant.
▃▃▃▃▃▃▃▃▃▃▃▃
10. Legal Compliance
10.1 Federal and State Law Requirements:
- This policy is designed to comply with all applicable federal laws, including the Fair Housing Act and Americans with Disabilities Act, as well as Massachusetts state laws and local regulations.
- Tenants and the property management company must adhere to all relevant building codes, zoning ordinances, OSHA standards, and EPA regulations.
10.2 Tenant Obligations:
- Tenants are responsible for ensuring that all alterations, modifications, or improvements meet the requirements of federal, state, and local laws.
- Any non-compliance with legal requirements is considered a violation of this policy and may result in penalties.
10.3 Landlord Obligations:
- The property management company will provide reasonable assistance to tenants, including evaluating modification requests and ensuring compliance with applicable laws for common areas and public accommodations.
- The Landlord retains the right to deny requests that fail to meet legal or safety standards.
10.4 Documentation and Permits:
- Tenants must provide all required documentation, including permits and certifications, to demonstrate compliance with legal requirements prior to initiating any modifications.
10.5 Liability Disclaimer:
- The Landlord is not liable for fines, penalties, or legal consequences arising from the Tenant’s failure to comply with federal, state, or local laws regarding alterations or modifications.9. Costs of Alterations and Modifications
▃▃▃▃▃▃▃▃▃▃▃▃
7. Contact Information
For questions or concerns regarding this policy, tenants may contact the property management office at:
▃▃▃▃▃▃▃▃▃▃▃▃
8. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with state and federal laws and to address tenant and operational needs.
▃▃▃▃▃▃▃▃▃▃▃▃
Effective Date: 23rd day of October 2023