The question often arises whether a housing provider or homeowner’s association may condition the approval of a request for a reasonable modification (under the Fair Housing Act) on the requester obtaining special liability insurance.
The answer is, no. Imposition of such a requirement would constitute a violation of the Fair Housing Act.
For Example: Because of a mobility disability, a tenant wants to install a ramp outside his unit. The housing provider informs the tenant that the ramp may be installed, but only after the tenant obtains separate liability insurance for the ramp out of concern for the housing provider’s potential liability. The housing provider may not impose a requirement of liability insurance as a condition of approval of the ramp.
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