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Requesting an accommodation when you are not the tenant

Answers

Living there is what matters. Being named on the lease is a separate question.

The duty follows the dwelling

The accommodation is owed so that a person with a disability has equal opportunity to use and enjoy a dwelling. A spouse, partner, adult child or lawful occupant living there is such a person, and the request can be made on their behalf by the tenant or by them.

Where it gets complicated

  • If your occupancy itself is unauthorised, the request tends to surface that, and you can end up defending your presence rather than the animal.
  • The provider will usually want the request to come through, or at least with the agreement of, the named tenant, because that is who they contract with.
  • Responsibility for damage is likely to fall on the leaseholder under the lease, whatever the arrangement between you.

The practical route

Have the named tenant make the request, attaching the documentation, and say plainly that the accommodation is for an occupant of the unit. That avoids a side argument about standing and puts it in front of the person the provider already deals with.

Common questions

Can my landlord refuse because the letter is not in the tenant name?
Not on that basis. The documentation should be about the person with the disability, and that person does not have to be the leaseholder.

Start an assessment

A clinician licensed in your state reviews it and decides. The fee is refunded if they decline to issue, because a review that cannot say no is not a review.

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