To ensure full compliance with the Fair Housing Amendments Act, you must make reasonable accommodations and modifications to meet the individual needs of people with disabilities in securing and using housing.
Does anyone remember what “reasonable” means? The Fair Housing laws state that “reasonable” means that the action requested by the individual with the disability:
- Does not cause an undue financial or administrative burden to the housing provider.
- Does not cause a basic change in the nature of the housing programs available.
- Will not cause harm or damage to others.
- Is technically possible.
- Allowing reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
An example would be: a building with a “no pets” policy must allow a visually impaired resident to keep a guide dog.
- Allowing reasonable modifications to dwelling units or common use areas, at resident’s/applicant’s expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if applicant/resident agrees to restore the apartment to its original condition upon vacating.) Note: Some subsidized property rules require the property to pay unless the agency approves resident payment.
Guidelines
It is imperative that you remember it is illegal to ask a resident or prospective resident the following questions:
- What kind of disability they have.
- The nature of the disability.
- The severity of the disability.
- How the disability was acquired.
- What medications are taken.
- If they can live independently.
- If they have AIDS.
- Why they need the reasonable accommodation or modification.
Reasonable Accommodation Request Verification Form:
If a resident or applicant wishes to request a reasonable accommodation/modification, they are required to present their request in writing and can use the Reasonable Accommodation Request Verification form which can be found in eforms. The request will allow you to:
- Determine that the individual(s) is qualified under law for a reasonable accommodation/modification and,
- Verify that what is being requested is consistent with the needs associated with the individual(s) and their disability.
NOTE: Since Reasonable Accommodation/Modification requests can be technical in nature, all Site Managers are reminded to collaborate with their Property Supervisors for any request, prior to issuing a response. In fact, in most instances, the response will come from the Corporate Office and only after careful research through either legal counsel, housing experts, or both.
Here is a list of some common reasonable accommodation/modification requests:
- Handicap parking space
- Grab bars installed in a bathroom
- Wheelchair ramp
- Companion or assistance animal
- Changing out flooring material in an apartment if the person uses a wheelchair (i.e., removing carpet from an apartment and installing vinyl flooring throughout for easier movement).
- Installation of strobe-light smoke detectors or door bell for a hearing-impaired individual.
- Notification in advance of painting or fumigating due to chemical sensitivities.
- Removing interior doors in an apartment for easier access when in a wheelchair.