Persons with Disabilities
What is a Disability?
A person has a disability if he or she has a physical or mental
impairment that substantially limits one or more major life activities; has a
record of such an impairment; or is regarded as having such an impairment:
|
Physical or Mental Impairment |
Major Life Activity |
Record of Impairment |
Regarded as Impaired |
| Physiological disorder, contagious disease,
cosmetic disfigurement or anatomical loss in one or more systems: |
Mental or psychological
disorder, including: |
Major life activities,
including: |
The individual has: |
The individual has: |
| Neurological
Musculoskeletal
Respiratory
Cardiovascular
Digestive
Reproductive
Genito-urinary
Hemic
Lymphatic
Skin
Endocrine |
Mental Retardation
Organic Brain Syndrome
Emotional or Mental Illness
Specific Learning Disabilities |
Self-Care
Manual Tasks
Walking
Seeing
Hearing
Speaking
Breathing
Learning
Working |
A history of impairment
or
A record of having been misclassified as having an
impairment |
An impairment not limiting major
life activity, but treated as limiting by someone or an agency
An impairment limiting major life activity only as a
result of attitudes
or
No impairment, but treated as having one |
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Reasonable Accommodations
Sometimes persons with disabilities are excluded from application processes
or the full use and enjoyment of a residential property due to a housing
provider's rules and policies. Federal, state and local fair housing laws
address this by requiring providers to make reasonable accommodations in their
rules, policies, practices or services to give a person with a disability an
equal opportunity to apply for housing and to use and enjoy a dwelling unit or
common space.
To obtain a reasonable accommodation, the applicant or tenant has the
responsibility to ask for an accommodation when it's needed. The housing
provider must then work with the applicant or tenant to create an accommodation
that is reasonable for them and that suits the applicant's or tenant's needs.
An accommodation is "reasonable" if it is practical and
feasible. More specifically, if it does not change the basic nature of the
housing program ("fundamental alteration"), or impose an undue
financial or administrative burden.
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Reasonable Modifications
In covered multi-family housing, the tenant has the right to make reasonable
physical modifications to the property (existing housing or common use areas
such as lobbies, the main entrance, laundry rooms, etc.), if the proposed
modifications are necessary for the person's full use of the
housing/premises. Examples of reasonable modifications include: building a
ramp to provide access to the dwelling, installing grab bars in the bathroom,
and widening a doorway.
Certain limitations apply:
- In private housing the tenant pays for the modifications to the
premises. In public housing the finance agency or Public Housing
Authority has to pay for the reasonable modification.
- The housing provider may require the tenant to restore the property to its
prior condition when it is reasonable to do so. This is determined on
a case-by-case basis. The typical situation (where it is not
reasonable, as provided by HUD regulations) is when a narrow doorway has
been widened to allow for the use of a person who uses a wheelchair.
The regulations state that if this modification "will not interfere
with the landlord's or next tenant's use and enjoyment of the premises"
it does not have to be restored to its original condition.
- A housing provider may require a tenant to "pay into an interest
bearing escrow account, over a period of time, a reasonable amount of money
not to exceed the cost of the restorations." A housing provider many
not ask for an increased security deposit.
- The housing provider may require the tenant to demonstrate that any
modifications will be done competently and professionally before giving
permission and that any required building permits will be obtained.
Some physical changes to the building may not be reasonable. A public
or assisted housing provider does not have to make a physical change if it would
cause great hardship. The housing provider needs to look at the request
and compare its costs against capital expenditures such as a new roof, a
furnace, or the hiring of a security guard. The housing provider's budget
may allow changes or larger expenditures at different times.
In private housing, the tenant may be asked to pay for the physical change to
the building. The tenant does not need to pay for the accommodation in a
federally funded housing authority.
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Examples of Reasonable Accommodations in Policies and
Practices and Physical Modifications for Persons with Disabilities
|
Physical Disabilities |
Visual Disabilities |
Hearing Disabilities |
Cognitive Disabilities |
| Widening doorways
Allowing a ramp to be built
Providing grab bars in the bathroom
Allowing a single tenant a two-bedroom apartment to
accommodate a personal care attendant
Allowing applications to be mailed instead of in person
Meeting with a person at an accessible location |
Allowing a service animal
Reading notices to the tenant or providing notices in
Braille, large print or audio tape
Providing extra lighting outside next to the front door
of the apartment
Providing large print or Braille numbers on the front
door or other common use areas in the complex
Removing protruding objects from outside pathways
Providing a nonslip, color contrasting strip to outside
stairs |
Providing a door bell flasher
Providing a visual alarm system on smoke detectors
throughout the complex
Providing an interpreter for the screening interview and
other tenant meetings
If phones are provided, using a visual flasher
attachment
Allowing a service or companion animal
Installing a telecommunications text phone in the main
office
Amplifying a communications system |
Providing the rental agreement
and other notices in clear and simple terms
Explaining what is in the agreement and what the rules
of the complex are
Showing the tenant where the water shut off valve is and
when to use it
Showing the tenant how to use the appliances in the
apartment as well as other common use areas, such as the laundry room
Making outside door locks or security locks simpler
Providing a reminder at the beginning of the month that
the rent is due |
|
Psychiatric Disabilities |
HIV/AIDS |
Environmental Disabilities |
| Allowing a companion or service animal
Moving a tenant to another part of the building where it
is quieter, if requested
Placing an application back on the waiting list if they
missed their intake interview, or were late with the needed paperwork
because of their disability
Clearing shrubs away from pathways and trimming to eye
level
If requested, intervening with another tenant if the
tenant is being harassed |
Moving a tenant to another floor
or to the ground floor for easier mobility
Allowing a personal care attendant to live with the
tenant in a two-bedroom apartment
Providing intervention if the tenant is being harassed
Providing or allowing a person from the community to
educate other tenants about the disease |
Using a non-chemical or
non-toxic fertilizers on the landscape areas of the complex
Removing carpet from the floors of the apartment, if
needed
Using unleaded paint when repainting an apartment
Removing the ballast or fluorescent lights from the
kitchen and bathroom
Posting "No Smoking" signs in common use areas
such as the office, hallways, lobby, and laundry room |
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Frequently Asked Questions
Q. What questions may a housing provider ask a person who is
applying for housing?
The housing provider in both private and public housing may ask ALL
applicants questions that relate to their ability to meet the requirements of
the lease, including questions relating to criminal activity. However,
they may not ask certain questions only of people with disabilities or people
they think have a disability; that would be discriminatory.
Although details of leases of different housing providers vary, the essential
obligations for all leases are the same: timely payments, care of the premises,
respect for the rights of others, avoiding criminal activity, and complying with
other reasonable requirements. The following are questions housing
providers may ask which relate directly to the essential obligations of lease
compliance:
- Will the applicant pay rent and other fair charges in a timely manner?
- Will the applicant care for and avoid damaging the unit and the common
areas, use facilities and equipment in a reasonable way, create no health,
safety or sanitation hazards, and report maintenance needs?
- Will the applicant avoid interfering with the rights and enjoyment of
others and avoid damaging the property of others?
- Will the applicant avoid interfering with the rights and enjoyment of
others and avoid damaging the property of others?
- Will the applicant comply with necessary and reasonable house rules,
program requirements of HUD and the housing provider, and with health and
safety codes?
Q. May a housing provider ask an applicant if they have a
disability?
The general rules is they CAN'T ask a person if they have a disability, about
the nature or severity of a disability, or any question that would require the
person to waive or disclose a medical condition or medical history. Nor
can they ask whether any member of the applicant's family or any friend or
associate has a disability. For example, they can't ask the following:
- Have you ever been treated by a psychiatrist?
- Have you ever been hospitalized for a psychiatric disability?
- Can you live independently?
Exceptions:
There are some exceptions to the general rule that a housing provider can't
ask whether an applicant has a disability, or a question that would necessitate
the person revealing a disability or the nature or severity of a disability.
If the person has applied for housing designated for individuals with
disabilities or a certain type of disability, the housing provider many ask the
person if they have a qualifying disability.
If an applicant requests that the housing provider provide reasonable
modifications or accommodations, the housing provider may ask the person to
verify that they have a disability and the need for the requested accommodation;
and
If during the screening process negative information is revealed about a
person's past tenancies, the housing provider can ask the person to explain the
negative information. The explanation may require the person to reveal
information about the existence, nature or severity of their disability.
The person may still decide not to say anything about the disability. That
is the person's right. The housing provider, however, has the right to
reject a person for unexplained negative information.
Q. What legal obligation does a housing provider have to provide
a reasonable accommodation in respect to the screening process?
A housing provider must ensure that their screening process is open and fully
accessible to applicants with disabilities. This means that their
application office must be physically accessible and located on an accessible
transportation route unless it would be an undue financial and administrative
burden to do so. If the office is not accessible, they must make
arrangements to take the application of someone who needs an accessible office
in some other manner.
If a person with a disability is unable to come in to pick up an application
because of their disability, the housing provider must accommodate this person's
disability. This may mean mailing the person an application or conducting
a preliminary interview, if they do them, somewhere else during the application
process.
A reasonable accommodation is also required if an applicant with a disability
fails to respond to a request for a personal interview, or a request for some
other information, as a result of their disability (such as memory loss,
hospitalization) and their application was rejected or purged from the waiting
list as a result. For example, they may have to reinstate the applicant to
the waiting list at the original spot, if the failure to comply with the
requirements was a result of their disability.
A housing provider must also furnish auxiliary aids if it is necessary to
facilitate communication with someone who has a disability. In determining
what auxiliary aids are necessary, they must give primary consideration to the
request of the person with the disability. Documents intended for use by
applicants (such as information about the application process, the application
form, all form letters, the lease, a statement about reasonable accommodations,
all information related to applicant's rights) must be made available in fully
accessible formats for individuals with vision or hearing impairments. If
requested by such an applicant, housing providers must explain written material
verbally, possibly more than once, and if necessary, assist or obtain assistance
for the applicant in filling out any necessary forms.
Q. If a person is applying for housing that is designated for
individuals with disabilities, or individuals with a particular disability, or a
unit with a special feature, what may a housing provider ask an applicant about
their disability?
If a person is applying for housing designated for individuals with
disabilities, a housing provider may ask the person to document that they have a
qualifying disability. If the person is applying for a unit with a special
feature designed to assist persons with specific disabilities, they may ask the
applicant to verify through a qualified source that their condition warrants the
special features. Unless the person is applying for housing designated for
individuals with particular type of disability, such as AIDS, a housing provider
may not inquire about the nature of a person's disability so long as they have
information sufficient to determine eligibility according to the program's
standards. A person is not obligated to reveal that they have a
disability, but a person who chooses not to reveal their disability would not be
able to establish eligibility for any of the above options for persons with
disabilities.
If the person is applying for housing designated for individuals with a
particular disability, a housing provider may ask them if they have that
particular disability and to document it. They may not ask about the
person's health status, or any other medical information, except in types of
housing that include services as part of the package
An applicant may not be required to give the housing provider their medical
records as proof that they have a disability or a particular disability. A
letter from the person's doctor or other qualified professional stating that
they have a disability that satisfies the eligibility requirement is sufficient
documentation. The best way to do this is a simple verification form that
quotes the relevant definition and asks a qualified individual to confirm
whether or not the applicant meets the definition. It is not necessary
that this form be completed by a physician. Other professionals, such as
rehabilitation centers, service agencies, self help centers, social workers, or
similar professionals, may be able to provide such verification. Such
verification should be based on knowledge of the individual and of the
disability involved.
Q. If a person discloses a disability, must a housing provider
keep the information confidential?
Any information that is obtained in a confidential manner, such as medical
information, must always be kept confidential. However, the housing
provider could reveal this information to others if the person gives them
permission to do so.
Q. May a housing provider ask an applicant if they currently use
illegal drugs?
Under Federal, state and local laws a housing provider may ask an applicant
if they currently use illegal drugs, but only if they ask all applicants the
same question. They can't ask only individuals with disabilities or those
individuals who they think have a disability, a particular question.
Q. May a housing provider ask an applicant if they have a history
of alcohol abuse or illegal drug use?
No. Federal, state and local laws protect individuals who have a
history of alcohol abuse or illegal drug use. However, if an applicant has
a bad tenancy history or criminal record which they explain is due to alcohol
abuse or a history of illegal drug use, the applicant will need to prove that
the bad tenancy or criminal history was a result of the alcohol or drug
addition, that a change in circumstances has occurred and that the problem is
not likely to recur.
Q. May a housing provider ask an applicant about their disability
if they ask for a reasonable accommodation?
If a person needs a reasonable accommodation during the application process
or during their tenancy, a housing provider may require them to provide reliable
documentation (not medical records) that they have a disability and
documentation of the need for the particular accommodation. A housing
provider cannot ask the person any questions about the nature or severity of
their disability except as specifically related to the requested accommodation.
Q. If an applicant or a tenant requests an accommodation, can a
housing provider require documentation that they have a disability and actually
need the accommodation?
Yes. A housing provider has the right to ask an applicant or tenant to
verify that they have a disability and need the accommodation in order to apply
for housing and enjoy equal access to a dwelling or facilities. The type
of verification the applicant or tenant will need to provide depends on the
specifics of the situation. A doctor or other medical professional, or a
non-medical service agency might provide such verification.
Q. How should a housing provider handle inter-tenant disputes if
the situation involves a tenant without a disability harassing another tenant
with a disability because they have a disability?
Harassing fellow tenants is wrong and violates the lease. Therefore, a
housing provider can approach the situation as a lease violation or potential
lease violation. A housing provider should talk with the individual who is
doing the harassing and explain to them that the behavior is in violation of the
lease and that they will seek appropriate remedies up to an including eviction
if the behavior continues. If the housing provider thinks it would help,
they might also want to educate the tenant who is harassing their fellow tenant
about that person's disability. Before doing so, the housing provider must
clear it with the tenant with the disability so that they do not violate their
confidentiality.
Also, make sure the tenant who is being harassed knows that they have support
and whom to contact if the problem persists.
Q. How should a housing provider handle inter-tenant disputes if
the situation involves a tenant with a disability harassing another tenant or if
a person's paranoia is focused on another tenant, causing problems for that
other tenant?
As stated above, harassing fellow tenants is wrong and in violation of the
lease. A housing provider can approach the situation as a lease violation
or potential lease violation. The only difference is that they have to
consider a reasonable accommodation if the offending conduct is a result of a
disability. The housing provider should begin by talking with the
individual who is doing the harassing and explain to them that the behavior is
not acceptable and is in violation of the lease and they will seek appropriate
remedies up to and including eviction if the behavior continues. The
housing provider should also inform the tenant of their obligation to provide a
reasonable accommodation and ask them if there is some way to enable them to
comply with the terms of the lease.
Also, make sure then tenant who is being harassed knows that they have
support and whom to contact if the problem persists.
Q. What if a tenant believes that a housing provider has made the
wrong accommodation or made a reasonable accommodation that was not sufficient?
If the tenant requests a different accommodation because they believe that a
wrong accommodation was made, or that the accommodation that was made wasn't
sufficient, the housing provider should decide whether to provide a different
accommodation on the same basis as was made on the initial accommodation.
Q. How many accommodations must a tenant provider provide a
tenant?
The law does not set a limit on the number of accommodations a housing
provider must provide an applicant or tenant. In general, they must
consider any request for an accommodation and provide it if it does not
fundamentally alter the nature of the housing program or result in an undue
financial administrative burden. They may, however, require reliable
documentation that the person needs the accommodation and that it is likely to
be effective. If there is a significantly less burdensome accommodation
available, they may offer it instead of the requested accommodation as long as
the proposal effectively addresses the problem. It is the housing
provider's burden to establish that the alternate accommodation they propose is
effective in fully removing the barrier to the person's equal participation,
full use and enjoyment of the dwelling unit and common space.
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