Service animals, emotional-support animals, and reasonable accommodation duties under the federal Fair Housing Act and Ind. Code § 22-9.5.
If a tenant or applicant with a disability asks you to bend a policy or alter the unit, Indiana law treats how you respond as a fair housing question, not a courtesy call. The Indiana Fair Housing Act (IC 22-9.5) tracks the federal Fair Housing Act almost word for word, so Hoosier landlords answer to two overlapping standards at once. The core disability duties sit in IC 22-9.5-5-5: you cannot refuse a reasonable accommodation in rules, policies, practices, or services, and you cannot refuse to let a tenant make a reasonable modification to the premises at the tenant's own expense. Indiana adds no dollar caps or unique procedural rules beyond the federal baseline, so the practical playbook below is the federal one, enforced by the Indiana Civil Rights Commission and HUD.
Mirrors federal FHA.
The distinction controls who pays, so pin it down before you respond. A reasonable accommodation is a change to a rule, policy, practice, or service, covered by IC 22-9.5-5-5(b)(2). Common examples: waiving a no-pets policy for an assistance animal, assigning a closer parking space, allowing a live-in aide, or accepting rent from a third-party payer. Accommodations are almost always free to grant, and you absorb the routine administrative cost.
A reasonable modification is a physical change to the unit or common area, covered by IC 22-9.5-5-5(b)(1): grab bars, a ramp, a roll-in shower, lowered cabinets, or a visual doorbell. Under both Indiana law and the FHA, the modification is made at the expense of the person with a disability, not the landlord. Your job is to permit it, not fund it. Note that the ADA operates on a separate track: ADA Title III reaches public and common areas tied to a public accommodation, such as a leasing office, but it does not govern the private interior of a rented dwelling. That is fair housing territory.
For accommodations, the answer is simple: the landlord covers the incidental cost of changing a policy. You cannot charge a fee, a surcharge, or a special deposit for granting one. That rule bites hardest on assistance animals. A service or support animal is not a pet, so no pet deposit and no pet fee may be charged, though the tenant stays fully liable for any actual damage the animal causes.
For modifications, the tenant pays for the work. Indiana gives landlords one meaningful protection here. Under the Indiana Administrative Code rules that implement IC 22-9.5, where it is reasonable to do so you may condition permission on the renter agreeing to restore the interior to its pre-modification condition when they leave, reasonable wear and tear excepted. Restoration applies to interior changes that the next tenant would not reasonably use; you generally cannot demand removal of a widened doorway or a ramp that harms no one. If restoration is genuinely warranted, you may require the tenant to fund an interest-bearing escrow account, but only in an amount reasonable to cover the anticipated restoration.
A request does not need magic words. If a tenant asks for something because of a disability, treat it as a fair housing request even if they never say "reasonable accommodation." You then owe an interactive process: a prompt, good-faith dialogue to find a workable solution.
You may verify need, but only within limits. When both the disability and the disability-related need are obvious or already known, you cannot demand documentation. When they are not obvious, you may request reliable third-party documentation of the disability and the connection between the disability and the request, typically a note from a physician, therapist, or other reliable source. You may not ask for a diagnosis, medical records, or the nature or severity of the condition. Respond without undue delay; silence or foot-dragging can itself be treated as a constructive denial under the FHA and IC 22-9.5. If the exact request is unworkable, you are expected to propose a viable alternative rather than simply refuse.
The duty is to grant reasonable requests, not every request. Under the FHA framework Indiana follows, you may deny when:
Cost or inconvenience alone rarely clears the undue-burden bar for a small policy change. Before denying, document your reasoning, engage the alternative-solution conversation, and keep records; a bare refusal without dialogue is the fact pattern that produces ICRC and HUD findings against landlords.
Indiana protects eight classes in housing: race, color, religion, sex, familial status, disability, national origin, and ancestry (ancestry is an Indiana addition beyond the federal seven). Disability complaints are investigated by the Indiana Civil Rights Commission (ICRC), which has a work-sharing relationship with HUD.
Deadlines matter. An administrative complaint must be filed with the ICRC within 1 year of the discriminatory act, the same 1-year window that applies to a HUD complaint. A tenant who instead sues in federal court under the FHA has 2 years to file. A denial of a reasonable accommodation or modification is itself a discrete act of discrimination that restarts the clock, so a pattern of ignored requests can expose you long after the first refusal.
This statute is generally enforced in public-accommodation contexts (restaurants, retail) rather than as part of a landlord-tenant dispute. For housing, the practical landlord defense against a fraudulent ESA claim is to require reliable documentation from a healthcare professional with a therapeutic relationship to the tenant, not to attempt criminal enforcement.
The most common mistake in Indiana reasonable-accommodation cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more than HUD permits, or imposes a pet fee on an assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied.
Reasonable modification (42 U.S.C. § 3604(f)(3)(A)) is a structural change, a grab bar, a ramp, lowered cabinets. The tenant pays. The landlord must permit the modification and may require restoration to original condition at move-out (except for changes that would not significantly affect re-rental). Reasonable accommodation is a change to a rule or policy. The landlord pays no out-of-pocket cost; the cost is administrative. Indiana follows the federal rule.
Reasonable-accommodation litigation rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
This page summarizes the disability provisions of the Indiana Fair Housing Act (IC 22-9.5-5-5), the Indiana Administrative Code fair housing rules enforced by the Indiana Civil Rights Commission, and the federal Fair Housing Act (42 U.S.C. 3604(f)) that Indiana law tracks. It is general information for housing providers, not legal advice. Statutes, administrative rules, and HUD guidance change; verify current text at in.gov/icrc and confirm any specific request with a fair housing attorney before denying an accommodation or modification.
No. The Indiana Fair Housing Act (IC 22-9.5-5-5) mirrors the federal FHA and adds no dollar caps, fee allowances, or unique procedures. The one Indiana-specific detail is the state's administrative rule confirming a landlord may, where reasonable, require the tenant to restore interior modifications on move-out, wear and tear excepted. Practically, follow the federal standard and file with the Indiana Civil Rights Commission or HUD.
The tenant. Under IC 22-9.5-5-5(b)(1) and the FHA, reasonable physical modifications are made at the expense of the person with a disability. Your duty is to permit the modification, not fund it. You may, where reasonable, require the tenant to restore the interior to its original condition at move-out, reasonable wear and tear excepted, and in appropriate cases fund a reasonable restoration escrow.
No. A service or support animal is a reasonable accommodation, not a pet, so no pet deposit or pet fee may be charged. The tenant remains liable for any actual damage the animal causes, which you can pursue like any other tenant-caused damage.
If the disability and the disability-related need are obvious or already known to you, none. When they are not obvious, you may request reliable documentation confirming the disability exists and that it is connected to the request, usually a note from a physician or other reliable third party. You may not ask for a diagnosis, medical records, or the nature and severity of the condition.
When there is no disability or no connection between the disability and the request, when granting it would impose an undue financial and administrative burden or fundamentally alter your operations, or when the tenant is a direct threat to others' safety or property that no accommodation can reduce. Deny only after engaging in the interactive process and documenting your reasoning; a flat refusal without dialogue invites a finding against you.
An administrative complaint must be filed with the Indiana Civil Rights Commission within 1 year of the discriminatory act, the same 1-year window as a HUD complaint. A federal FHA lawsuit may be filed within 2 years. Each denied accommodation or modification request is a separate discriminatory act that restarts the deadline.
Federal authority: 42 U.S.C. § 3604(f); 28 C.F.R. § 36.302; HUD FHEO Notice 2020-01. State authority: Ind. Code § 22-9.5; Ind. Code § 16-32-3-3. Last updated July 14, 2026. For informational purposes only, not legal advice. Reasonable-accommodation determinations are highly fact-specific; consult a licensed Indiana attorney before denying any request.
