Planning — Rights

Renter vs. Owner: Home Modification Rights Compared

Updated June 2025 — What each status means for your modification options

The Core Difference

Homeowners have the right to modify their property subject to permits, HOA rules, and building codes. Renters have a legal right to make disability-related modifications under the Fair Housing Act, but they must get landlord permission, pay for the work themselves, and may be required to restore the unit when they leave.

For Renters: Fair Housing Act Protections

Under Section 804(f)(3)(A) of the Fair Housing Act, landlords in most residential housing with 4+ units cannot refuse to permit a renter with a disability to make reasonable modifications to the unit at their own expense. Key points:

• You must notify the landlord in writing before beginning work (use our request letter template)
• You pay for the modification
• You may be required to restore the unit to its original condition when you leave (at your expense)
• The landlord can require you to use a licensed contractor and pull required permits
• The landlord cannot deny permission without a legally valid reason

If your landlord denies a reasonable modification request, see our guide: HOA/Landlord Denial: Next Steps.

For Renters: Funding Limitations

Most grant programs (USDA 504, many state programs) are only available to homeowners. Renters may qualify for:

• Medicaid HCBS waiver programs (if Medicaid-eligible) — some cover renter modifications
• VA HISA grant — some VAMCs will approve HISA for rental situations with landlord consent and long-term lease
• Centers for Independent Living grants
• Nonprofit programs (Rebuilding Together, AAA programs)

For Homeowners: Greater Flexibility, More Process

Homeowners can modify their property subject to:

• Building permits — required for structural work, plumbing changes, electrical, and conveyances
• HOA approval — required for modifications affecting common areas or exterior; Fair Housing Act limits HOA's ability to deny disability-related modifications
• Building codes — all work must meet local codes regardless of permit status

Homeowners have access to all funding programs — VA, USDA, Medicaid, HUD, and local programs.