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FHEO

FHEO. Office of Fair Housing and Equal Opportunity. www.hud.gov/fairhousing. Section 504.

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FHEO

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  1. FHEO Office of Fair Housing and Equal Opportunity www.hud.gov/fairhousing

  2. Section 504 • Section 504 of the Rehabilitation Act of 1973 provides that “No otherwise qualified individual with a disability in the United States….shall, solely by reason of his/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.”

  3. Section 504 Requirements • Nondiscrimination based on disability • Applies to housing, non-housing and employment • Applies only to Recipients of Federal Financial Assistance • Accessibility • Other affirmative provisions • Reasonable Accommodation

  4. FHEO Reasonable Accommodation/Modification Policy

  5. Reasonable Accommodation • Definition: • A change, exception, or adjustment to a rule, policy, practice (structure) or service, which may be necessary to afford an individual with a disability an opportunity to use and enjoy a dwelling unit, including public and common use spaces. • A Right: • An individual with a disability has a right to request a reasonable accommodation.

  6. Reasonable Accommodations • Determined on a case-by-case basis • Factors to consider: • Feasibility • Undue Financial and Administrative Burden • Health or Safety • Interference with Other Tenants Rights • Fundamentally Alters the Nature of Provider’s Operation

  7. Reasonable Accommodation/Modification Policy must: • Be Part of Your Management Plan. • State How Everyone is Informed of the Policy. • Describe the Request Process. • Describe the Approval Criteria. • Have written record of Requests, Approvals and Rejections.

  8. Types of Reasonable Accommodations • Disabled Parking Spaces • Service Animal (ex. Guide dog) • Transfers • Chemical Use (ex. Pesticides) • Assistance With Completing Documents • Live-in Aide

  9. Reasonable Modifications • Determined on a case-by-case basis • Factors to consider: • Undue Financial Burden • Tenant Must Restore • Escrow Account

  10. Types of Reasonable Modifications • Installing Ramp • Widening Doorways • Lowering Kitchen and Bathroom Cabinets • Lowering Light Switches • Grab Bars/Toilet Extensions • Strobe Lighting

  11. Reasonable Accommodation: Most frequently asked questions Question 1: What is a “reasonable accommodation” for the purpose of the Fair Housing Act? Answer: A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. A reasonable accommodation must have a relationship, between the requested accommodation and the individual’s disability.

  12. Reasonable Accommodations: Most frequently asked questions • Example: A housing provider has a policy of providing unassigned parking spaces to residents. A resident with a mobility impairment, who is substantially limited in her ability to walk, requests an assigned accessible parking space close to the entrance to her unit as a reasonable accommodation. There are available parking spaces near the entrance to her unit that are accessible. However, those spaces are available to all residents on a first come, first served basis. The provider must make an exception to its policy of not providing assigned parking spaces to accommodate this resident. The request must be granted.

  13. Reasonable Accommodations: Most frequently asked questions. • Question 2: • Are there any instances when a provider can deny a request for a reasonable accommodation without violating the Act? • Answer: • Yes. A housing provider can deny a request for a reasonable accommodation if the request is not reasonable - i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider’s operations.

  14. Reasonable Accommodations: Most frequently asked questions: • Example: • A housing provider has placed a trash dumpster in the parking lot for tenant use. A physically disabled tenant is unable to open the dumpster. The tenant has requested that a member of the maintenance staff come to his apartment on a daily basis to collect his trash and take it to the dumpster. The housing development is a small operation with limited financial resources and the maintenance staff are only on site twice per week. The tenant’s request for daily trash pick up may cause an undue financial and administrative burden for the housing provider to grant. Therefore, the requested accommodation may not be reasonable.

  15. Reasonable Accommodations: Most frequently asked questions: • Question 3 • May a housing provider charge an extra fee (i.e. liability insurance) or require an additional deposit from disabled applicants or tenants as a condition of granting a reasonable accommodation? • Answer: • Housing providers may not charge or require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation.

  16. Reasonable Accommodations: Most frequently asked questions: • Example: • A disable applicant with a hearing impairment needs to keep a service animal in his unit as a reasonable accommodation. The housing provider may not ask the applicant to pay a fee or a security deposit as a condition of allowing the applicant to keep the service animal.

  17. Reasonable Accommodations: Most frequently asked questions: • Question 4 • What questions are housing providers allowed or not allowed to ask applicants/tenants regarding their disabilities? • Answer: • Housing providers MAY ask: • What type of reasonable accommodation does the applicant, tenant or their family member need. • Housing providers MAY NOT ask: • If an applicant or tenant has a disability; • If a person intending to reside in the dwelling (or anyone associated) with an applicant or tenant has a disability; or • About the nature or severity of such persons’ disabilities.

  18. Reasonable Accommodations: Most frequently asked questions: • Example: • A housing provider operates housing for persons with mental illness. The provider may ask applicants for information needed to determine if they have a mental disability that would qualify them for the housing. The provider may not ask applicants if they have other types of physical or mental impairments. If it is not readily apparent that an applicant has a mental disability, the provider may request reliable information or documentation of the mental disability needed to qualify for the housing.

  19. Reasonable Accommodations: Most frequently asked questions: • Questions 5: • What happens if a reasonable accommodation request is denied? • Answer: • After the grievance procedure the individual files a fair housing complaint to challenge that decision. • The agency or court who receives the complaint will review the evidence in light of applicable law and decide if the housing provider violated that law.

  20. Reasonable Accommodation Complaint filed with HUD • Braiman, Abranhamsen, Iorio v. Twinbrook Village Apartments. • Issues: • Terms, conditions- Respondents required complainants to purchase renter’s liability insurance as a condition for approval of ramp • Refusal to make a reasonable accommodations – Installation of ramps.

  21. Reasonable Accommodation Complaint file with HUD • Conclusion and Order • Respondent must rescind the policy requiring wheelchair-bound tenant to purchase renter’s liability insurance as a condition to the approval of a ramp. • Respondent can not re-institute the above-stated policy. • Respondent can not discriminate with respect to housing against persons with disabilities. • Respondent is prohibited from taking any action of reprisal, retaliation or harassment against Complainants. • Respondent is ordered to pay damages in the amount $135,000 and civil penalties in the amount of $15,000.00.

  22. A Landlord cannot: • Refuse to Make Reasonable Modifications or Reasonable Accommodations • Threaten, Coerce, Intimidate or Interfere With Anyone Exercising a Fair Housing Right • Advertise or Make Any Statement That Indicates a Limitation or Preference

  23. Filing a Complaint • HUD–903 Complaint Form • Intake – NY Office • Notification to all Parties • Assigned for Investigation

  24. How to Contact HUD • By Telephone: Direct Hotline: 1 (800)669-9777 • By Mail: Fair Housing Enforcement Center, U.S. Department of Housing and Urban 26 Federal Plaza, Room 3532, New York, NY 10278-0068 • By Fax: 1 (212) 264-9829 • TYY: 1 (212) 264-0927

  25. www.hud.gov Questions and Answers

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