ACCESSIBILITY REQUIREMENTS OF THE FAIR HOUSING ACT

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(No Transcript)
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FAIR HOUSINGREASONABLE ACCOMMODATION
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AMERICANS WITH DISABILITIES

• 49 MILLION AMERICANS ARE IDENTIFIED AS PERSONS
  WITH DISABILITIES
• 32 MILLION AMERICANS ARE AGE 62 OR OVER
• 3.3 MILLION ARE 85 OLDER, PROJECTED TO GROW
  100 TO 6 MILLION BY 2010
• 70 OF ALL AMERICANS WILL AT SOME TIME IN THEIR
  LIVES HAVE A TEMPORARY OR PERMANENT DISABILITY
  THAT MAKES CLIMBING STAIRS IMPOSSIBLE

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AMERICANS WITH DISABILITIES

• 8,000 PEOPLE SURVIVE TRAUMATIC SPINAL CORD
  INJURIES EACH YEAR AND RETURN TO INACCESSIBLE
  HOMES
• 17 MILLION HAVE SERIOUS HEARING DISABILITIES
• 8.1 MILLION HAVE VISION DISABILITIES
• 27 MILLION HAVE HEART DISEASE AND REDUCED OR
  LIMITED MOBILITY

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THE FAIR HOUSING ACT

• THE FHA PROACTIVELY ADDRESSES THE NEEDS OF AN
  EVOLVING POPULATION BY LOOKING AHEAD AT FUTURE
  NEEDS.
• WITH THE NATIONS AGING POPULATION AND THE
  INCREASE IN INCIDENCE OF DISABILITY THAT
  ACCOMPANIES AGING, SIGNIFICANT NUMBERS OF PEOPLE
  WILL BE ABLE TO REMAIN IN AND SAFELY USE THEIR
  DWELLING LONGER.

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• PROVIDING AN ENVIRONMENT WHERE PERSONS WITH
  DISABILITIES CAN HAVE THE SAME ACCESS TO AND
  ABILITY TO USE HOUSING THAT PERSONS WITHOUT
  DISABILITIES ENJOY IS BOTH A WORTHWHILE GOAL AND
  THE LAW.

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AGENDA

• FAIR HOUSING, ITS THE LAW
• ORIGINS OF THE FAIR HOUSING ACT
• THE FAIR HOUSING AMENDMENTS ACT OF 1988
• THE STATE OF FAIR HOUSING
• THE COMPLAINT PROCESS
• DISABILITY DEFINED
• REASONABLE ACCOMMODATION
• SUMMARY CONCLUSION

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U.S. DEPARTMENT OF HOUSING URBAN DEVELOPMENT
(HUD)

• SINCE ITS CREATION BY THE DEPARTMENT OF HOUSING
  URBAN DEVELOPMENT ACT OF 1965, HUD HAS
  MAINTAINED ITS PRIMARY FOCUS OF FINDING AND
  IMPLEMENTING INNOVATIVE AND COMPREHENSIVE
  SOLUTIONS TO HOUSING AND COMMUNITY DEVELOPMENT
  PROBLEMS.

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THE FAIR HOUSING ACT

• IN THE SALE OR RENTAL OF HOUSING, IT IS ILLEGAL
  TO TAKE ANY OF THE FOLLOWING ACTIONS
• REFUSE TO RENT, SELL OR NEGOTIATE
• IMPOSE DIFFERENT TERMS, CONDITIONS OR PRIVILEGES
• MAKE, PRINT OR PUBLISH ANY DISCRIMINATORY NOTICE,
  STATEMENT OR ADVERTISEMENT
• FALSELY STATE THAT HOUSING IS UNAVAILABLE
• INDUCE OR ATTEMPT TO INDUCE ANY PERSON TO SELL OR
  RENT
• COERCE, INTIMIDATE, THREATEN OR INTERFERE WITH
  ANY PERSON EXERCISING A FAIR HOUSING RIGHT OR
  ASSISTING OTHERS TO EXERCISE THAT RIGHT

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THE FAIR HOUSING ACT

• THE CIVIL RIGHTS ACT OF 1968, COMMONLY KNOWN AS
  THE FAIR HOUSING ACT ORIGINALLY PROHIBITED
  DISCRIMINATION IN THE SALE, RENTAL AND FINANCING
  OF DWELLINGS AND OTHER HOUSING RELATED
  TRANSACTIONS BASED ON
• RACE
• COLOR
• RELIGION
• NATIONAL ORIGIN
• IN 1974, THE ACT WAS AMENDED TO ADD SEX
  DISCRIMINATION TO THE LIST OF PROHIBITED
  ACTIVITIES

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THE AMENDMENTS ACT OF 1988

• THE FAIR HOUSING AMENDMENTS ACT OF 1988 ADDED
  PROHIBITIONS AGAINST DISCRIMINATION ON THE
  GROUNDS OF PHYSICAL OR MENTAL HANDICAP AND
  FAMILIAL STATUS TO THE PROTECTED CLASSES.
• RACE
• COLOR
• RELIGION
• NATIONAL ORIGIN
• SEX
• FAMILIAL STATUS
• HANDICAP

• FAMILIAL STATUS
• FAMILIES IN WHICH ONE OR MORE CHILDREN UNDER 18
  LIVE WITH A PARENT
• PERSON WHO HAS LEGAL CUSTODY OF A CHILD OR
  CHILDREN
• DESIGNATED PARENT OR LEGAL CUSTODIAN
• PREGNANT WOMEN
• ANYONE SECURING LEGAL CUSTODY OF A CHILD UNDER 18

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THE AMENDMENTS ACT OF 1988

• THE FAIR HOUSING ACT USES THE TERM HANDICAP
  INSTEAD OF THE TERM DISABILITY. BOTH TERMS HAVE
  THE SAME LEGAL MEANING. HOWEVER, TODAY THE TERM
  DISABILITY IS MORE GENERALLY ACCEPTED.

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THE AMENDMENTS ACT OF 1988

• THE FAIR HOUSING AMENDMENTS ACT EXPANDED THE
  SCOPE OF THE CIVIL RIGHTS ACT OF 1968 BY
  INCREASING HUDS RESPONSIBILITIES BEYOND
  INVESTIGATION AND CONCILIATION INTO THE AREA OF
  ENFORCEMENT.

THE AMENDMENTS ACT MADE IT EASIER FOR VICTIMS OF
DISCRIMINATION TO SUE AND STIFFENED PENALTIES
FOR OFFENDERS
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THE STATE OF FAIR HOUSING
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BASES FOR COMPLAINTS
2,995 RACE 863 SEX 183 COLOR 924 NATIONAL
ORIGIN 2889 DISABILITY 1230 FAMILIAL
STATUS 199 RELIGION 390 RETALIATION
Source How Much Do We Know, 2002
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COMPLAINT ISSUES
26.3 RENT REFUSAL 3.7 SALES REFUSAL 55.1 RENT/S
ALES TERMS 5.9 FINANCING 2.0 DESIGN
CONSTRUCTION 18 ACCOMMODATION/MOD
Source How Much Do We Know, 2002
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THE STATE OF FAIR HOUSING
DISCRIMINATION REPORTED TO FHEO ACTIONS TAKEN BY
PEOPLE WHO BELIEVE THEY HAVE EXPERIENCED
DISCRIMINATION
83 Do Nothing
6 Other
1 Fair Housing Complaint
6 Confront Person
1 Civil Lawsuit
3 Non-Profits
Source How Much Do We Know, 2002
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THE STATE OF FAIR HOUSING

• 83 of people who believe they have experienced
  housing discrimination do not report it. This is
  for a variety of reasons
• Lack of knowledge of how to report it
• Belief that nothing will come from reporting it
• Mistrust of the government
• Belief that fighting it will cost too much

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SAN FRANCISCO FHEO

• THE MISSION OF THE OFFICE OF FAIR HOUSING AND
  EQUAL OPPORTUNITY (FHEO) IS TO CREATE EQUAL
  HOUSING OPPORTUNITIES FOR ALL PERSONS IN AMERICA
  BY ADMINISTERING LAWS THAT PROHIBIT
  DISCRIMINATION IN HOUSING ON THE BASIS OF RACE,
  COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY
  AND FAMILIAL STATUS.

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SAN FRANCISCO FHEO

• COMPLAINTS FILED WITH HUD ARE INVESTIGATED BY THE
  OFFICE OF FAIR HOUSING EQUAL OPPORTUNITY
  (FHEO).
• THE INVESTIGATORS PRINCIPLE FUNCTION IS TO
  OBJECTIVELY DETERMINE WHETHER THERE IS REASONABLE
  CAUSE TO BELIEVE THAT A VIOLATION OF THE FAIR
  HOUSING ACT HAS OCCURRED.

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COMPLAINT PROCESS
AFTER JURISDICTION IS ESTABLISHED
THE INVESTIGATOR TAKES STATEMENTS, GATHERS
SUPPORTING DOCUMENTS AND EVIDENCE AND INTERVIEWS
WITNESSES FROM BOTH SIDES
SMITH V. JONES
THE FAIR HOUSING ACT REQUIRES HUD TO WORK WITH
THE PARTIES IN AN EFFORT TO RESOLVE THE
COMPLAINT THROUGH CONCILIATION
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COMPLAINT PROCESS
A CONCILIATION SETTLEMENT IS NOT AN ADMISSION BY
A RESPONDENT THAT THE LAW HAS BEEN VIOLATED, NOR
IS IT AN ADMISSION BY A COMPLAINANT THAT THE
COMPLAINT DOES NOT HAVE MERIT
SMITH V. JONES
CONCILIATION DISCUSSIONS ARE VOLUNTARY,
NON-BINDING AND CONFIDENTIAL
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COMPLAINT PROCESS
IF NO AGREEMENT IS REACHED THE INVESTIGATOR
SUBMITS A FINAL INVESTIGATIVE REPORT WITH A
RECOMMENDATION OF CAUSE OR NO CAUSE TO THE LEGAL
DEPARTMENT FOR CONCURRENCE
SMITH V. JONES
IF REASONABLE CAUSE IS FOUND THE CASE IS CHARGED
IF NO REASONABLE CAUSE EXISTS TO BELIEVE
DISCRIMINATION OCCURRED THE INVESTIGATION ENDS
THE CASE IS CLOSED,
COMPLAINANTS RETAIN THE RIGHT TO PURSUE CIVIL
REMEDIES
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COMPLAINT PROCESS
SMITH V. JONES
WHERE REASONABLE CAUSE IS FOUND A HEARING IS
SCHEDULED BEFORE AN ADMINISTRATIVE LAW JUDGE OR
EITHER PARTY COMPLAINANT OR RESPONDENT MAY ELECT
TO HAVE THE MATTER LITIGATED IN FEDERAL COURT.
CIVIL PENALTIES TO VINDICATE THE PUBLIC INTEREST
RANGE FROM 11,000 FOR A FIRST VIOLATION TO
27,500 FOR A PREVIOUS VIOLATION OR 55,000 FOR
TWO OR MORE PREVIOUS VIOLATIONS WITHIN THE
PRECEDING SEVEN (7) YEARS.
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HANDICAP/DISABILITY
LANDLORDS MUST ALLOW TENANTS TO MAKE REASONABLE
ACCOMMODATIONS TO ENSURE FULL USE OF THEIR
DWELLING
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COMPLAINT PROCESS
SMITH V. JONES

• PRIMA FACIE ELEMENTS
• DOES THE COMPLAINANT MEET THE DEFINITION OF A
  HANDICAPPED PERSON AS DEFINED IN THE FHA?
• DID THE COMPLAINANT SPECIFICALLY REQUEST AN
  ACCOMMODATION (IN WRITING OR VERBALLY)?
• DID THE RESPONDENT KNOW OR SHOULD THE RESPONDENT
  HAVE KNOWN THE COMPLAINANT WAS DISABLED?
• DID THE RESPONDENT DENY OR UNREASONABLY DELAY THE
  COMPLAINANTS REQUEST?

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DISABILITY DEFINED

• THE FAIR HOUSING ACT DEFINES HANDICAP AS
• A PERSON WITH A PHYSICAL OR MENTAL IMPAIRMENT
  WHICH SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE
  ACTIVITIES
• OR A PERSON HAVING A RECORD OF AN IMPAIRMENT
• OR REGARDED AS HAVING AN IMPAIRMENT

THE DEFINITION OF HANDICAP DOES NOT INCLUDE THE
CURRENT, ILLEGAL USE OF OR ADDICTION TO A
CONTROLLED SUBSTANCE
THE FHA USES THE TERM HANDICAPPED HOWEVER,
TODAY THE GENERALLY ACCEPTED TERM IS AN
INDIVIDUAL WITH A DISABILITY
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MAJOR LIFE ACTIVITIES

• SEEING
• HEARING
• WALKING
• BREATHING
• PERFORMING MANUAL TASKS
• CARING FOR ONES SELF
• LEARNING
• SPEAKING
• WORKING

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MAJOR LIFE ACTIVITIES

• BOTTOM LINE
• THE PERSON MUST MEET THE ESSENTIAL ELIGIBILITY
  REQUIREMENTS OF THE PROGRAM, SERVICE OR ACTIVITY!

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LEGISLATION

• ARCHITECTURAL BARRIERS ACT OF 1968
• SECTION 504 OF THE REHABILITATION ACT OF 1973
• THE AMERICANS WITH DISABILITIES ACT OF 1990

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ARCHITECTURAL BARRIERS ACT OF 1968

• PURPOSE
• LAW WAS PASSED TO PROVIDE PHYSICAL ACCESSIBILITY
• APPLIES TO BUILDINGS FINANCED WITH FEDERAL FUNDS
• MUST BE DESIGNED, CONSTRUCTED, OR ALTERED TO
  ENSURE ACCESSIBILITY FOR PERSONS WITH PHYSICAL
  DISABILITIES

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SECTION 504 REHABILITATION ACT OF 1973

• SECTION 504 OF THE REHABILITATION ACT OF 1973 AS
  AMENDED PROHIBITS DISCRIMINATION IN ANY ACTIVITY
  OR PROGRAM THAT RECEIVES FEDERAL FINANCIAL
  ASSISTANCE.
• IT PROVIDES THAT NO OTHERWISE QUALIFIED
  INDIVIDUAL WITH DISABILITIES SHALL, SOLELY BY
  REASON OF HIS OR HER DISABILITY BE EXCLUDED FROM
  PARTICIPATION IN, BE DENIED THE BENEFITS OF OR BE
  SUBJECTED TO DISCRIMINATION UNDER ANY PROGRAM OR
  ACTIVITY RECEIVING FEDERAL FINANCIAL ASSISTANCE.

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SECTION 504 REHABILITATION ACT OF 1973

• APPLIES TO RECIPIENTS OF FEDERAL FINANCIAL
  ASSISTANCE ONLY
• FIRST REFERENCE TO REASONABLE ACCOMMODATION AND
  REASONABLE MODIFICATION
• OUTLINES ACCESSIBILITY GUIDELINES FOR NEW
  CONSTRUCTION
• MODIFICATION OF EXISTING FACILITIES
• THERE ARE FIVE PROGRAM REQUIREMENTS

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SECTION 504 REHABILITATION ACT OF 1973

• FIVE PROGRAM REQUIREMENTS
• COMMUNICATION
• RESPONSIBLE EMPLOYEE/504 COORDINATOR
• GRIEVANCE PROCEDURES
• NOTICE
• SELF-EVALUATION/TRANSITION PLAN
• FEDERAL FUND RECIPIENTS ARE REQUIRED TO HAVE A
  REASONABLE ACCOMMODATION POLICY MAINTAIN
  RECORDS

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SECTION 504 REHABILITATION ACT OF 1973

• COMMUNICATION
• RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE ARE
  REQUIRED TO TAKE APPROPRIATE STEPS TO ENSURE
  EFFECTIVE COMMUNICATION WITH APPLICANTS,
  BENEFICIARIES AND MEMBERS OF THE PUBLIC.
• RECIPIENTS SHALL FURNISH APPROPRIATE AUXILIARY
  AIDS WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH
  HANDICAPS AN EQUAL OPPORTUNITY TO PARTICIPATE IN
  AND ENJOY THE BENEFITS OF A PROGRAM OR ACTIVITY
  RECEIVING FEDERAL FINANCIAL ASSISTANCE.

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SECTION 504 REHABILITATION ACT OF 1973

• COMMUNICATION
• IN DETERMINING WHAT AUXILIARY AIDS ARE NECESSARY,
  THE RECIPIENT SHALL GIVE PRIMARY CONSIDERATION TO
  THE REQUESTS OF THE INDIVIDUALS WITH HANDICAPS.
• WHERE THE RECIPIENT COMMUNICATES WITH APPLICANTS
  AND BENEFICIARIES BY TELEPHONE, TELECOMMUNICATION
  DEVICES FOR DEAF PERSONS TTDS OR EQUALLY
  EFFECTIVE COMMUNICATION SYSTEMS SHALL BE USED.
  (24CFR 8.6)

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SECTION 504 REHABILITATION ACT OF 1973

• RESPONSIBLE EMPLOYEE/504 COORDINATOR
• A RECIPIENT THAT EMPLOYS FIFTEEN OR MORE PERSONS
  SHALL DESIGNATE AT LEAST ONE PERSON TO COORDINATE
  ITS EFFORTS TO COMPLY WITH SECTION 504
  REQUIREMENTS. (24CFR 8.53)

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SECTION 504 REHABILITATION ACT OF 1973

• GRIEVANCE PROCEDURES
• A RECIPIENT THAT EMPLOYS FIFTEEN OR MORE PERSONS
  SHALL ADOPT GRIEVANCE PROCEDURES THAT INCORPORATE
  APPROPRIATE DUE PROCESS STANDARDS AND THAT
  PROVIDE FOR THE PROMPT AND EQUITABLE RESOLUTION
  OF COMPLAINTS ALLEGING DISCRIMINATION ON THE
  BASIS OF DISABILITY. (24CFR 8.53)

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SECTION 504 REHABILITATION ACT OF 1973

• NOTICE
• A RECIPIENT THAT EMPLOYS FIFTEEN OR MORE PERSONS
  SHALL TAKE APPROPRIATE INITIAL AND CONTINUING
  STEPS TO NOTIFY PARTICIPANTS, BENEFICIARIES,
  APPLICANTS AND EMPLOYEES, INCLUDING THOSE WITH
  IMPAIRED VISION OR HEARING THAT IT DOES NOT
  DISCRIMINATE ON THE BASIS OF HANDICAP.
• THE NOTIFICATION SHALL ALSO INCLUDE
  IDENTIFICATION OF THE RESPONSIBLE EMPLOYEE
  DESIGNATED PURSUANT TO 8.53. (24CFR 8.54)

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SECTION 504 REHABILITATION ACT OF 1973

• SELF-EVALUATION/TRANSITION PLAN
• RECIPIENTS ARE REQUIRED TO CONDUCT AN EVALUATION
  OF ITS POLICIES AND PRACTICES ASSURE THAT THEY DO
  NOT DISCRIMINATE AGAINST PEOPLE WITH DISABILITIES
  WITHIN ONE YEAR OF JULY 11, 1988.
• AFTER CONSULTATION WITH INTERESTED PERSONS
  INCLUDING INDIVIDUALS WITH HANDICAPS OR
  ORGANIZATIONS REPRESENTING INDIVIDUALS WITH
  HANDICAPS (SEE CFR 8.51)

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SECTION 504 REHABILITATION ACT OF 1973

• SELF-EVALUATION/TRANSITION PLAN
• RECIPIENTS ARE REQUIRED TO MODIFY ANY POLICIES
  AND PRACTICES THAT DO NOT MEET THE REQUIREMENTS
  OR TAKE APPROPRIATE CORRECTIVE STEPS TO REMEDY
  ANY DISCRIMINATION REVEALED BY THE
  SELF-EVALUATION
• FOR AT LEAST THREE YEARS FOLLOWING COMPLETION OF
  THE SELF-EVALUATION, MAINTAIN ON FILE A LIST OF
  THE INTERESTED PERSONS CONSULTED, DESCRIPTION OF
  THE AREAS EXAMINED AND ANY PROBLEMS IDENTIFIED,
  MODIFICATIONS MADE AND ANY REMEDIAL STEPS TAKEN.
  (SEE CFR 8.51)

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THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

• TITLE I EMPLOYMENT
• TITLE II PUBLIC SERVICES
• TITLE III PUBLIC ACCOMMODATIONS
• TITLE IV TELECOMMUNICATIONS
• TITLE V MISCELLANEOUS

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THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

• TITLE II PUBLIC SERVICES
• TITLE III PUBLIC ACCOMMODATIONS
• APPLIES TO FEDERALLY NON-FEDERALLY FUNDED
  ENTITIES

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REASONABLE ACCOMMODATION

• A REASONABLE ACCOMMODATION IS
• A CHANGE OR MODIFICATION TO A POLICY, PROGRAM OR
  SERVICE
• WHICH WILL ALLOW A QUALIFIED PERSON WITH A
  DISABILITY TO PARTICIPATE FULLY IN A PROGRAM,
  SERVICE OR ACTIVITY
• REASONABLE ACCOMMODATIONS ARE INTENDED TO ENSURE
  THAT PERSONS WITH DISABILITIES HAVE AN EQUAL
  OPPORTUNITY TO USE ENJOY A UNIT

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REASONABLE ACCOMMODATION

• THE PERSON WITH A DISABILITY HAS THE
  RESPONSIBILITY TO REQUEST THE ACCOMMODATION
• REQUESTS CAN BE VERBAL OR WRITTEN
• HOWEVER, IT IS IN THE BEST INTEREST OF ALL
  PARTIES THAT REQUEST ARE DONE IN WRITING TO
  ASSIST IN RESOLVING DISPUTES THAT MAY OCCUR AT A
  LATER DATE
• THERE ARE NO OFFICIAL FORMS/DOCUMENTS FOR WRITTEN
  REQUESTS

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REASONABLE ACCOMMODATION

• THERE MUST BE AN IDENTIFIABLE RELATIONSHIP OR
  NEXUS, BETWEEN THE INDIVIDUALS DISABILITY AND
  THE REQUEST!

DISABILITY
NEXUS
REQUEST
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REASONABLE ACCOMMODATION

• 3RD PARTY VERIFICATION
• VERIFIER MUST BE AN INDEPENDENT 3RD PARTY WITH
  SCIENTIFIC KNOWLEDGE OR CLINICAL DATA (DOCTOR,
  SOCIAL WORKER, PSYCHOLOGIST ETC.)

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REASONABLE ACCOMMODATION

• WHAT IS REASONABLE?
• DEPENDS ON A NUMBER OF FACTORS MUST BE DECIDED
  ON A CASE-BY-CASE BASIS.
• NOT BASED ON PAST PRACTICES, EACH CASE IS
  EVALUATED INDEPENDENTLY

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REASONABLE ACCOMMODATION

• THE DETERMINATION OF WHETHER A REQUESTED
  ACCOMMODATION IS REASONABLE DEPENDS ON THE
  ANSWERS TO TWO QUESTIONS
• DOES THE REQUEST IMPOSE AN UNDUE FINANCIAL /OR
  ADMINISTRATIVE BURDEN ON THE HOUSING OPERATOR?
• WOULD MAKING THE ACCOMMODATION REQUIRE A
  FUNDAMENTAL ALTERATION IN THE NATURE OF THE
  HOUSING PROVIDERS OPERATIONS?

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REASONABLE ACCOMMODATION

• WHAT IS REASONABLE?
• IF THE ANSWER TO EITHER QUESTION IS YES, THE
  REQUESTED ACCOMMODATION IS NOT REASONABLE
• HOWEVER, EVEN WHERE A HOUSING PROVIDER IS NOT
  OBLIGATED TO PROVIDE A PARTICULAR ACCOMMODATION
  BECAUSE IT IS NOT REASONABLE
• THE PROVIDER IS STILL OBLIGATED TO PROVIDE OTHER
  REQUESTED ACCOMMODATIONS THAT DO QUALIFY AS
  REASONABLE

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REASONABLE ACCOMMODATION

• PARKING
• A TENANT WITH A MOBILITY IMPAIRMENT REQUESTS AN
  ASSIGNED ACCESSIBLE PARKING SPACE IN FRONT OF THE
  ENTRANCE TO HIS/HER UNIT.
• IS THE REQUEST REASONABLE ?

DISABILITY
NEXUS
REQUEST
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REASONABLE ACCOMMODATION

• RENT
• A TENANT WITH A MENTAL DISABILITY, WHO IS AFRAID
  TO LEAVE HIS/HER UNIT, REQUEST PERMISSION TO MAIL
  HIS/HER RENT PAYMENT.
• IS THE REQUEST REASONABLE ?

DISABILITY
NEXUS
REQUEST
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REASONABLE ACCOMMODATION

• PET POLICY
• A TENANT, WHO USES A WHEELCHAIR HAS DIFFICULTY
  PICKING UP ITEMS OFF THE GROUND, REQUEST
  PERMISSION TO HAVE AN ASSISTIVE ANIMAL THAT
  FETCHES THINGS FOR HIM/HER.
• IS THE REQUEST REASONABLE ?

DISABILITY
NEXUS
REQUEST
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REASONABLE ACCOMMODATION

• WHEELCHAIR
• AN OLDER TENANT HAS A STROKE BEGINS TO USE A
  WHEELCHAIR AND REQUESTS A RAMP BE INSTALLED TO
  AFFORD ENTRY AND EXIT ACCESS TO THE UNIT.
• IS THE REQUEST REASONABLE ?

DISABILITY
NEXUS
REQUEST
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UNDUE HARDSHIP CRITERIA

• FACTOR TEST
• (HUD V. DEDHAM H.A.)
• THE OVERALL SIZE OF THE HOUSING PROVIDER,
  INCLUDING NUMBER OF RESIDENTS, NUMBER AND TYPE OF
  FACILITIES INVOLVED, AND THE SIZE OF ITS BUDGET
• THE TYPE OF FACILITIES INVOLVED, INCLUDING THE
  STRUCTURE AND COMPOSITION OF THE RESIDENCES
• THE NATURE AND COST OF THE ACCOMMODATION NEEDED

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FUNDAMENTAL ALTERATION

• A FUNDAMENTAL ALTERATION IS A MODIFICATION THAT
  ALTERS THE ESSENTIAL NATURE OF A PROVIDERS
  OPERATIONS.
• EXAMPLE
• A TENANT HAS A SEVERE MOBILITY IMPAIRMENT THAT
  SUBSTANTIALLY LIMITS HIS ABILITY TO WALK. HE ASKS
  HIS HOUSING PROVIDER TO TRANSPORT HIM TO THE
  GROCERY STORE AND ASSIST HIM WITH HIS GROCERY
  SHOPPING AS A REASONABLE ACCOMMODATION TO HIS
  DISABILITY. THE PROVIDER DOES NOT PROVIDE ANY
  TRANSPORTATION OR SHOPPING SERVICES FOR ITS
  TENANTS.
• IS THE REQUEST REASONABLE ?

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FUNDAMENTAL ALTERATION

• NO
• THE HOUSING PROVIDER SHOULD DISCUSS ALTERNATIVE
  ACCOMMODATIONS WITH THE REQUESTER THAT WOULD
  EFFECTIVELY MEET THE REQUESTERS DISABILITY
  RELATED NEEDS WITHOUT FUNDAMENTALLY ALTERING THE
  NATURE OF ITS OPERATIONS.

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REASONABLE ACCOMMODATION

• SEE SUMMARY OF ALLEGATIONS
• JAMES V. THE HOUSING AUTHORITY
• IS THE REQUEST REASONABLE ?

DISABILITY
NEXUS
REQUEST
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REASONABLE ACCOMMODATION

• SEE SUMMARY OF ALLEGATIONS
• SCHMIDT MILLER V. THE COUNTY
• IS THE REQUEST REASONABLE ?

DISABILITY
NEXUS
REQUEST
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MCS AND FIBROMYALGIA

• ARE THESE SCIENTIFICALLY DOCUMENTED DISORDERS?
• ARE ATTENDING PHYSICIANS QUALIFIED TO RENDER AN
  OPINION ON THESE DISORDERS?

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SERVICE ANIMALS

• SERVICE ANIMALS ARE ANIMALS THAT ASSIST PEOPLE
  WITH DISABILITIES IN INDEPENDENT LIVING
  ACTIVITIES. SERVICE ANIMALS WORK TO PERFORM TASKS
  FOR THE BENEFIT OF AN INDIVIDUAL WITH A
  DISABILITY.
• SERVICE ANIMALS ARE NOT CONSIDERED PETS. THE
  ANIMAL DOES NOT HAVE TO BE LICENSED OR CERTIFIED
  BY ANY LOCAL, STATE GOVERNMENT TRAINING PROGRAM.
• THE TENANT MAY TRAIN HIS/HER OWN SERVICE ANIMAL
  AND IS NOT REQUIRED TO PROVIDE ANY INFORMATION
  ABOUT THE ANIMALS SERVICE TRAINING

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SERVICE/ASSISTANCE ANIMALS

• COMMON EXAMPLES
• GUIDE OR SEEING EYE ANIMAL SERVES AS TRAVEL TOOL
  BY A PERSON WHO IS LEGALLY BLIND
• HEARING ANIMAL ALERTS DEAF PERSON OR A PERSON
  WITH A SIGNIFICANT HEARING LOSS
• MOBILITY ANIMAL ASSIST PERSONS WHO HAVE A
  MOBILITY DISABILITY. DUTIES INCLUDE CARRYING,
  FETCHING, OPENING DOORS, RINGING DOORBELLS
• SEIZURE RESPONSE ANIMAL ASSISTS PERSONS WITH
  SEIZURE DISORDERS BY GOING FOR HELP, STANDING
  GUARD OR WARNING PERSON
• COMPANION OR EMOTIONAL SUPPORT ANIMAL ASSISTS
  PERSONS WITH PSYCHOLOGICAL DISABILITIES. MAY HELP
  ALLEVIATE SYMPTOMS SUCH AS DEPRESSION, ANXIETY,
  STRESS OR SOCIAL INTERACTION

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QUALIFICATION REQUIREMENTSATTENDANTS OR SERVICE
ANIMALS

• SERVICE ANIMALS
• HOUSING PROVIDERS CAN REQUEST INFORMATION ABOUT
  THE ANIMAL AND CAN BE GIVEN A REASONABLE AMOUNT
  OF TIME TO EVALUATE THE INFORMATION
• THE DISABLED PERSON NEED ONLY SHOW THAT THE
  ANIMAL PROVIDES A SERVICE RELATED TO THEIR
  DISABILITY. DEPOSITS MAY NOT BE REQUESTED FOR
  SERVICE ANIMALS
• COMPANION ANIMALS
• THE DISABLED PERSON NEED ONLY SHOW THAT THE
  ANIMAL PROVIDES A THERAPEUTIC BENEFIT ACCORDING
  TO A PROFESSIONAL

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QUALIFICATION REQUIREMENTSATTENDANTS OR SERVICE
ANIMALS

• ATTENDANTS
• MANAGEMENT MAY NOT SCREEN ATTENDANTS AS TO THEIR
  EFFICIENCY OR TRAINING AS LONG AS THEY ARE OF
  SOME BENEFIT

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FEES ASSOCIATED WITH REQUESTS

• HOUSING PROVIDERS MAY NOT REQUIRE THAT
  MOBILITY-IMPAIRED USERS OF PERSONAL CARTS OBTAIN
  LIABILITY INSURANCE
• HOUSING PROVIDERS MAY NOT IMPOSE FEES FOR SERVICE
  OR COMPANION ANIMALS

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ASSISTANCE

• OFFICE OF FAIR HOUSING EQUAL OPPORTUNITY
• 600 HARRISON STREET
• SAN FRANCISCO, CA 94107
• 1-800-347-3739
• www.hud.gov
• HOUSING DISCRIMINATION HOTLINE
• 1-800-669-9777 (VOICE)
• 1-800-927-9275 (TTY)

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REASONABLE ACCOMMODATION
A REASONABLE ACCOMMODATION IS A CHANGE OR
MODIFICATION TO A POLICY, PROGRAM OR SERVICE THAT
ALLOWS A QUALIFIED PERSON WITH A DISABILITY TO
PARTICIPATE FULLY IN A PROGRAM, SERVICE OR
ACTIVITY. REASONABLE ACCOMMODATIONS ARE INTENDED
TO ENSURE THAT PERSONS WITH DISABILITIES HAVE AN
EQUAL OPPORTUNITY TO USE ENJOY A UNIT.
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FAIR HOUSINGREASONABLE ACCOMMODATION