Transcription of GROW Tidbits FAIR HOUSING REASONABLE …
1 grow Learning/Fair HOUSING Disability Page 1 of 3 2019 grow , LLC FAIR HOUSING REASONABLE ACCOMMODATIONS & DISABILITY In this course you SUMMARY A disability under the Fair HOUSING Act is defined as a physical or mental impairment that substantially limits or restricts one or more major life activities. In 1974 Congress amended the law to prohibit sex discrimination, and the act was amended again in 1988 to include disability and familial status. Disability does not include the current illegal use of or addiction to any drug, illegal or federally controlled substance. It does however, protect people who are alcoholics, and people who formerly used drugs but don t anymore. A person is protected against disability discrimination under the Fair HOUSING Act if they: Have a disability, have a history or record of having a disability, is perceived as having a disability or associates with a person who has a disability.
2 grow Tidbits Reserving close parking spaces is a REASONABLE accommodation example. When an accommodation is REASONABLE , the HOUSING provider is expected to bear the cost of the accommodation, not the resident. It s important to be cautious and properly informed before requesting documentation to verify a disability or accommodation. Whenever you re faced with a disability related question or request, it s always best to reach out to your supervisor and local landlord tenant attorney for advice. grow grow Learning/ Fair HOUSING Disability Page 2 of 3 2019 grow , LLC A REASONABLE accommodation is a change in a policy or service that a person with a disability needs in order to have equal use and enjoyment of a dwelling. When evaluating a request, the HOUSING provider can ask for documentation to establish the person has a qualifying disability, and they need the accommodation because of their disability.
3 Not all accommodations are granted. The request must fall into the defined outlines protected by the FHA. If the person s disability is obvious, but the need for the accommodation is not, the HOUSING provider can ask for an explanation of the relationship between the person s disability and the requested accommodation. You should never request the following: Information concerning a person s diagnosis, prognosis or treatment or information concerning a person s medications. An accommodation is not considered REASONABLE if it: Imposes undue financial and administrative burdens on the HOUSING provider. Changes the kinds of services the HOUSING provider normally provides. Creates or imposes an undue risk of harm to others. Modifications refer to structural changes. These changes can be granted when the modification is necessary to afford a person with a disability full enjoyment of the dwelling.
4 Some examples of modifications are; Installing ramps or grab bars. Replacing a standard toilet with a raised toilet. Removing a bathtub and replacing it with a roll-in shower. Widening a doorway to accommodate a wheelchair. The person seeking the modification can t make the modification without prior permission from the HOUSING provider. Once the request is made though, the provider needs to respond in a timely manner. When a resident vacates, they are responsible for restoring the dwelling to its original condition, normal wear and tear excluded. They should remove the modification only if it might affect the use or enjoyment of any future resident. Generally, the person seeking the modification is responsible for paying for it. grow Learning/Fair HOUSING Disability Page 3 of 3 2019 grow , LLC Failure to provide a REASONABLE accommodation to someone with a disability is one of the leading causes of discrimination complaints filed with the Department of HOUSING and Urban Development, and other Fair HOUSING agencies.
5 To establish a HOUSING provider failed to accommodate the person has to show they requested an accommodation to help them overcome the effects of their disability, so they could use and enjoy the premises; and their request was denied. Refusing to rent an apartment to someone who has a disability or is associated with someone who has a disability is an example of discrimination.
