If I have a prospect that requests a reasonable accommodation because of a disability, can I ask them what kind of disability they have?
No. You may NEVER ask someone what kind of disability they have. You must also NEVER ask any of the following questions:
I understand that any property built after March 13, 1991 must meet accessibility guidelines, but if my property was built before then, do I have to make the entrance to the office accessible?
If your property was built before March 13, 1991, it is not necessary for you to make the entrance to your office accessible, however, if someone who is handicapped wishes to view an apartment and cannot get into your office, they can call you to meet them at curbside.
When a prospect calls my community for information, can I ask how many adults and children will be residing in the apartment?
No. It is illegal to ask prospective residents about their familial status. Use the following question: “How many people will be residing in your apartment home?”
Can I deny or restrict the children on my property from the use of the facilities or services?
No. It is illegal to deny or restrict the children’s use of facilities or services. For example, a rule should not say: “Children may not skateboard on community property”. Instead, the rule should be stated as “Skateboarding is prohibited on community property”.
If I manage a conventional (or market) property and a resident wants a grab bar installed in their bathroom, is the property required to pay for the modification?
In most cases, if the person is a resident at a conventional property, they are responsible to pay for the cost of the modification. If a property is Federally assisted, the property pays for the modification.
If a handicapped resident makes a modification to their apartment, are they required to restore the interior of the apartment to it’s original condition?
In most cases, if the modification will interfere with the next resident’s use of the apartment, the person is responsible for making reasonable restoration to the interior of the apartment prior to moving. If they do not restore the apartment to it’s original condition, you can charge them for the repairs.
Is there an occupancy standard that I should follow?
The Fair Housing Act does not establish specific occupancy standards. However, for reasons of public health and safety and to eliminate overcrowding, HUD has stated that 2 persons plus one, per bedroom is reasonable in most cases. Exceptions may apply, therefore, consult with your Supervisor.
If a prospect or resident feels they were discriminated against, what can they do?
If someone feels they were discriminated against, they can file a suit with HUD, State, or Local Fair Housing agencies for up to one year from the date of the discrimination act, or file a private suit in Federal Court for up to two years from the date of the discriminatory act.
If I have a prospect that asks for information regarding a certain type of person who may or may not live at my community, how should I respond?
Answer this person by saying: “Our company is an equal opportunity renter. We welcome anyone who completes an application, meets our qualification standards, and wants to live here.”
Can a prospect who is a current user of illegal drugs claim to have a disability and make a request for a reasonable accommodation to waive our criteria?
The handicap status of the protected classes does not protect the current use of illegal drugs. But, if an individual was a drug user in the past and can prove they attended treatment (or are currently attending treatment), they are considered to have a disability.