2Reasonable Accommodations = Changes, exceptions or adjustments in rules, policies, practices, or services when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwellingSometimes referred to as “reasonable modifications” if making physical changes
3Applicable Laws on RD 515 Projects Fair Housing ActSection 504 of the Rehabilitation ActBoth Laws require reasonable accommodationsSection 504 imposes greater obligations including Housing owners/managers providing and paying for reasonable accommodations that involve physical modifications
4Reasonable Accommodations Who is disabled?Definition per Housing Act of 1949Is expected to be of long-continued and indefinite durationSubstantially impedes his or her ability to live independently, andIs of such a nature that such disability could be improved by more suitable housing conditions, or if such person has a developmental disability as defined in section 102(7) of Developmental Disability and Bill of Rights ActDefinition per Fair Housing ActA physical or mental impairment which substantially limits one or more major life activities; orA record of such an impairment, orBeing regarded as having such an impairment
5If No Accommodation Requested Housing Provider may ask of all applicants:Applicants ability to meet requirements of tenancy…BUT can not make judgment if they are able to live independentlyIf a current illegal abuser or addict of controlled substanceIf qualify for housing legally available on a priority basis to person with a disability
6Verifying a Disability for Accommodation May not-ordinarily inquire as to nature and severity of disabilityrequest documentation on disability or disability related need if disability is obvious or known and need is readily apparent or knownrequest medical recordsMay-Request info necessary to verify person meets disability definition (i.e. SSI or Social Security Disability)Request description of needed accommodationRequest info that shows relationship between disability and need for accommodationVerification can come from the individual (SSI, SSDI or credible statement), doctor, medical professional, peer support group, non-medical service agency, or reliable third party in a position to know about individuals disabilityFor assistance animals, allowed to require verification to come from professional medical or health care provider.
7Reasonable Accommodations It is unlawful to refuse to provide accommodation at the borrowers expense that would NOT:cause undue financial or administrative burdenfundamentally alter the nature of the providers services-Garbage example
8Reasonable Accommodations (Cont’d) Ensure procedures in place for requesting, documenting and responding to reasonable accommodation requestsRecommend requests and responses be in writing but not requiredEnsure hearing impaired or vision impaired receive assistance necessary to afford them access to services (i.e. provide sign language interpreter, large print)Even if discrimination not intended, possible Civil Rights consequences.
9In this instance, the shower would not create a financial or administrative burden. Providers should generally provide and pay for requested alterations to a unit.
10Can a request be denied? Only if……… Request not made on behalf of a person with disabilityNo disability related need for accommodationWould impose an undue financial or administrative burden on providerFundamentally alter the nature of the providers serviceGenerally reasonable accommodations must be made and paid for by owner/manager
11Examples of Reasonable Accommodations Install a ramp so that an individual who uses a wheelchair can access a unitA landlord who does not allow reserved parking spots makes an exception to this policy to accommodate a disabled tenant who needs a specific space that is close to their unitAdd grab bars in bathroomAllow an assistance animalat complex with no pets policy
12Defining “reasonable”: The decision whether the requested accommodation is reasonable or unreasonable, whether providing the accommodation would cause an undue financial or administrative burden, or would cause a fundamental alteration to the providers services lies with the housing provider and would be for the housing provider to defend should a Civil Rights complaint subsequently be filed. Housing providers may wish to consult with their legal counsel prior to denying a request.Case- by- case basis involving cost, financial resources, benefits to the requester and alternative accommodations that would meet needsUSDA will provide regulation guidance and facts but not opinions (i.e. notify there is x amount in the reserve fund). It is not USDA’s position to define reasonable for the housing provider.Requests for reasonable accommodations must be handled in accordance with the management plan.
14Assistance AnimalsReference HUD FHEO Notice FEHO dated 4/25/13Section 504 of the Rehabilitation Act and Fair Housing Act treat assistance animals the sameDo not confuse 504/Fair Housing “Assistance Animal” definition with ADA “Service Animal” definitionADA definition applicable to areas of “public accommodation” (i.e. rental office)ADA Service animals are only trained dogs (also provision for miniature horse)
15Terminology Various names given to these animals such as: Assistance animalsService animalsSupport animalsCompanion animalsTherapy animalsEmotional support animalsFor consistency HUD/DOJ uses “assistance animal” for Fair Housing/504 applicability and “service animal” for ADA applicabilityWe will focus on “assistance animals” under Section 504/Fair Housing- applies to all RD 515 MFH Properties
16Section 504/Fair Housing Assistance Animals Assistance animals are not petsAnimal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates symptoms
17Section 504/Fair Housing Assistance Animals (Cont’d) Animals perform disability related functionsAssistance animals under Fair Housing/Section 504 can be animals other than just dogsAnimals do not have to be trained or certified
18Section 504/Fair Housing Assistance Animals (Cont’d) Animals perform many disability related functions such as:Guide blind or low vision individualsAlert individuals who are deaf or hard of hearing to soundsProvide emotional support to persons with disabilities who have a disability-related need for such supportProvide rescue or protection assistanceAlerting of impending seizuresFetching itemsPulling a wheelchair
19Housing provider must consider: Does person seeking to use and live with animal have a disabilityDoes the person have a disability-related need for an assistance animal?
20Verifying a Disability for an Assistance Animal May not-ordinarily inquire as to nature and severity of disabilityrequest documentation on disability or disability related need if disability is obvious or known and need is readily apparent or knownRequest medical records or detailed/extensive information about physical or mental impairmentsMay-Request info necessary to verify person meets disability definition (i.e. SSI or Social Security Disability)Request description of needed accommodationRequest info that shows relationship between disability and need for accommodationFor assistance animals, allowed to require verification to come from professional medical or health care provider.
21Can Assistance Animal be Denied? Only if….Person doesn’t have a disability or disability-related needAnimal causes an undue financial or administrative burden on the housing providers servicesAnimal would cause a fundamental alteration to the housing providers servicesAnimal poses a direct threat to health/safety of others that cannot be reduced or eliminated by another reasonable accommodationAnimal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation
22Can Assistance Animal be Denied? (Cont’d) Health/Safety and Damage determination must be based on individualized assessment relying on objective evidence about actual conduct of that specific animalNot on speculation or evidence of other animalsBreed, size and weight limitations may not be applied to an assistance animalCannot automatically limit number of animals-case-by-case
23Pet/Assistance Animal Policies No fees related to having pets can be applied to assistance animalsPet deposits, liability insurance, automatic fumigation requirement, etc.Rules can only be made for assistance animals regarding health/safety/nuisance/damages such as:Required vaccination recordsProper waste disposalQuiet enjoymentResident can be held liable for damages animal causes
24Pet/Assistance Animal Policies (Cont’d) Typically regular rules that cover health, safety, nuisance/quiet enjoyment, damages which apply to everyone can be applicable to assistance animal issues without need for separate policySpecific Assistance Animal Policies can be created for a project as long as they only cover health, safety, nuisance, damages
25Enforcement Update HADCO Settles on Service Animal Issue The Housing Authority of Douglas County (HADCO) will pay nearly $100,000 to a family which had been wrongly evicted for keeping a service dog in its Reedsport apartment according to Oregon Attorney General Ellen Rosenblum.Raynie Case, whose daughter suffered from life-threatening juvenile diabetes, filed a 2009 disability discrimination complaint with Oregon's Bureau of Labor and Industries. She alleged that the property manager at Forest Village Apartments demanded she remove a puppy which was in training to help her identify, by scent, dangerous dips in her daughter's blood-sugar levels. "Certain kinds of dogs can be trained to detect and alert when a diabetic's blood sugar levels are dangerously low," the Department of Justice noted in a news release. "Ms. Case obtained a service puppy to live with them while being trained to detect these critical fluctuations. "The girl's previous service dog, Hunter, had been retired after it was diagnosed with a terminal illness.The property manager at the housing authority's Forest Village Apartments, in Reedsport, demanded that Case remove the dog. When Case refused, the manager began eviction proceedings. This was followed by what the Department of Justice described as repeated harassment by on-site maintenance staffers, who questioned the dog's validity as a service animal. The dog did not bond with the girl because of stress in the home, and Case was unable to obtain a replacement, the Department of Justice reported. HADCO, which runs the 24-unit Forest Village complex, agreed to pay $167,000 in damages, which included nearly $100,000 to the Case family and their attorney. HADCO also agreed to pay civil penalties and attorneys' fees to the Department of Justice and Bureau of Labor and Industries. Employees of the housing authority will be required to attend trainings focused on state and federal fair housing discrimination law.
27Carissa Boulden, 10, kisses her horse Princess as it stands on her bed at her family home. Princess, a Shetland pony, is given free run of the suburban Sydney house, eats with her owners at meal times and drinks beer every Sunday, but also provides therapy for Carissa, who suffers from cerebral palsy.
28James Eggers carries his assistance parrot Sadie in a special backpack built around her cage. He was able to overcome his bipolar disorder, overwhelming rage, and “homicidal feelings” thanks to his parrot. When Sadie senses Eggers is growing angry, she calms him by saying, “Its ok Jim. Calm down , Jim. You’ll be alright Jim. I'm here, Jim”, a refrain she picked up after hearing him repeat it to himself following one of his outbursts. Eggers has only had one episode since he acquired Sadie- on a day he left her at home.
29Craig, who is quadriplegic, shares his dinner with Minnie, a capuchin monkey in La Habra, Calif. Helping Hands trains capuchin monkeys to help humans with simple tasks.Aila, a 10-year-old capuchin monkey, retrieves a compact disc from inside a closed CD player for Travis Roy, who is quadriplegic, at the 'Helping Hands: Monkey Helpers for the Disabled' organization's 'monkey college' facility in Boston.
30Assistance monkey, Richard, who helps her overcome agoraphobia (anxiety disorder in which a person fears and often avoids places or situations that might cause panic).
31Hospice patient Helen Kress feeds Pisco, a 13-year-old therapy llama, during his visit to the Hospice of Saint John in Lakewood, Colo. The llama visits the hospice each month as part of an animal therapy program designed to increase happiness, decrease loneliness and calm terminally ill patients.Therapy animals are most commonly dogs. Misty, a standard poodle, encourages a man recovering from a recent stroke to reach out and pet her.
32Cosmie Silfa and his therapy iguana Skippy Cosmie Silfa and his therapy iguana Skippy. Silfa experiences depression and his pet iguana, Skippy, helps him to maintain a stable mood, and provides companionship and motivation in daily life.Although most commonly visited by therapy dogs, hospitals across the nation are beginning to welcome other species. This child is comforted during his hospital stay by a brown tabby therapy cat called Dakota.
33Mona Ramouni as she rides a bus to work with her guide horse, Cali, in Lincoln Park, Mich. Ramouni, 30, went blind shortly after birth. Growing up in Detroit, she could never get a dog because her devout Muslim family considered dogs to be unclean.Mona Ramouni and her guide horse Cali attend class at Michigan State University in Lansing, Mich.
34Some therapy animals often have unique means of transport and require special accommodations during their visits. Outlaw, a therapy guinea pig, is transported in a basket during his visits, and his on-board miniature fan helps cool him down on breaks between petting sessions.
35Additional Training Resources Illinois Dept. of Human Rights Training Videos on Disabilities and Fair HousingHUD Fair Housing Training Webinar 8/20/14
36Questions on Reasonable Accommodations or Assistance Animals?
37Rob Loschen State Civil Rights Manager (217) 403-6241 RURAL DEVELOPMENTRob Loschen State Civil Rights Manager (217)