The Right to an Accessible Home
A disability accommodation request is a process through which a tenant with a disability seeks modifications to their rental property to ensure it is safe, accessible, and suitable for their needs. The right to appropriate housing is well-established, but the responsibility for making and paying for these adaptations in the Netherlands is a complex interplay between the tenant, the landlord, and, most importantly, the local municipality (gemeente). A landlord cannot unreasonably refuse necessary modifications, but they are not typically obligated to pay for them out of their own pocket.
The 'Wmo': The Social Support Act
The primary legal framework for disability accommodations in the home is the Wet maatschappelijke ondersteuning (Wmo), or the Social Support Act. This act stipulates that municipalities are responsible for supporting residents so they can live independently. For a tenant with a disability, the standard process is:
- Contact the Municipality: The tenant contacts the
Wmo-loket (social support desk) of their local municipality to report their need for home adaptations.
- Assessment: The municipality will conduct an assessment to determine the tenant's needs. This may involve a home visit and medical evaluations.
- Provision of Support: If the request is approved, the municipality provides the solution. This can be a financial grant to the tenant to carry out the work, or the municipality may arrange for the installation of necessary equipment directly. Common adaptations include installing a walk-in shower, adding grab bars, widening doorways, or installing a stairlift.
The Landlord's Role: Permission, Not Payment
The landlord's primary role in this process is to grant permission for the modifications to be made. They have a legal duty not to discriminate and must allow reasonable and necessary adaptations, especially when they are funded by the municipality. However, a landlord can refuse permission if the modification would damage the structural integrity of the property or be prohibitively expensive to reverse at the end of the tenancy. In practice, the process can be slow and bureaucratic, often requiring significant persistence from the tenant to navigate both the municipal system and to secure the cooperation of a reluctant landlord.
