I received a reasonable modification request for a grab bar in the stand up show

HI All. I received a reasonable modification request for a unit and one of the requests involves installing grab bars in the stand up shower, which is tiled. (the others are for a ramp and a chair lift to be installed) We have never done that before (we are willing to do it of course), but is there some type of liability we should be worried about with the grab bar? My boss is worried about the thought of them coming loose. (WE are a small family owned company, no corporate office/no HR) We are just wanting to do things the correct way. I am going to send written permission for this but want to cover all my bases. Thanks.

We have always contracted out any type of grab bars so that we would not be held liable

Having a contractor does not relieve you of liability

But if you have a certificate of insurance, your insurance will subrogate to the vendor’s insurance

I'm not a lawyer, but ours said that in the event of a safety device failure property owner is the responsible party. Buck stops at the top. Not to mention that contractors are pretty bad about not being around 3-4 years later when something like this fails. I stand by my comment below.

Grab bars can be anchored to studs in walls.

Make the resident hire a contractor to install them. You can approve the request, but it’s up to them to get the work done and assume all liability

Not sure this plan ensures that the resident would assume all liability. Pretty sure a good lawyer would be able to shift it back on you.

I’d never allow a resident to hire their own contractor.

Contract the work out they assume responsibility and charges go back to resident.

Hire the most experienced contractor that does this kind of impaired mobility rehab work as a specialty. The resident pays for any upgrades they want that you approve. At the same time, consult your insurance agent (but your liability policy should cover anything you mentioned).

My suggestion is to have them complete a reasonable accommodation form. Most times an organization will help the resident do this. You can request that they use a licensed contractor and provide you with a certificate of insurance and worker’s compensation before the work can begin. This is not a cost you should incur. You just have to agree to them being done.

Do not have any of your crew install a grab bar! Contrator needs to do it and the apartment needs to go back to orignal(at tennant cost) once she moves out.

Best advice is to consult an attorney who knows fair housing specific to requests for reasonable accommodations and modifications. The attorney can also give you parameters for how to respond, who should pay for what, and who should do the work. There is risk in responding incorrectly or not having the work done correctly - whether the work is done by someone you arrange or require the resident to engage. Very important to get it right. Also, if this is all new to you important to set the standards so you have fair practices should other requests come from this or future residents.

Inside the home you can approve and have them install with a licensed contractor

I always tell tenant we allow those modifications but they’d need to get a licensed contractor. As our liability insurance does not allow our onsite staff to do the work.

Your only requirement is to approve them not pay for them.

I have allowed ramps to be installed before. However, the resident was responsible for the cost. They found an organization that would assist them and paid the contractor. Before the contractor started work in the unit we had to approve their insurance.

Where I used to work they had to fill one out and we just approved if it could happen or not but they were responsible for installing the grab bars themselves as any installation WE did would be a liability if something happened to them.

There are very clear ADA guidelines- google it. They find & pay for the contractor but they must submit the drawing, quote, contractor inf to include insurance and business license all to you- you must approve it or it’s a no go. On your approval letter you remind them they must restore the property back to its original condition at move out. Use the verbiage from the gov website to communicate with them. Don’t use maint nor their friend or family. Read the guidelines as there may be other options for you.
P.S. the person requesting this work most likely already knows it’s their responsibility - they’re just hoping you don’t. BUT nothing is wrong if you elect to pay the contractor

One of the topics we always have varying advice and opinions about about. No set standard practices.