U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PITTSBURGH FHEO PRESENTS

REASONABLE ACCOMMODATIONS

HUD FHEO Pittsburgh3 Reasonable Accommodations General Purpose of Reasonable Accommodations Applicable Laws HUD’s regulations Who’s eligible for an accommodation? –Key Definitions – must meet the definition of disabled –Logical Nexus-- connection between disability and request Verification Process Interactive Process Acceptable reasons for denial

The mind of the bigot is like the pupil of the eye; the more light you pour upon it, the more it will contract. Oliver Wendell Holmes HUD FHEO Pittsburgh4

Applicable Laws and Regulations Fair Housing Act – 42 U.S.C. Sec. 3604(f)(3) –Regulation: 24 CFR Sec Section U.S.C. Section 794(a) –Regulation: 24 CFR Sec Additional Guidance: HUD/DOJ Joint Statement on Reasonable Accommodations FHEO Notice : Service Animals and Assistance Animals for persons with disabilities HUD FHEO Pittsburgh5

6 Definition of Disability “Individual with a disability” –Physical or mental impairment that “substantially limits” one or more major life activities –Has a record of such impairment –Is regarded as having such an impairment

HUD FHEO Pittsburgh7 Definition of Disability (cont’d)) “Substantially limits” –Unable to perform a major life activity that the average person can perform; or –Significantly restricted in performing a major life activity as compared to the average person’s performance of that major life activity

HUD FHEO Pittsburgh8 Definition of Disability (cont’d) –Factors to consider in determining substantial limitation: The nature of the impairment The duration or expected duration of the impairment The actual or expected permanent or long term impact resulting from the impairment –Recent changes in definitions under the ADA Transitory – six months Episodic – disability if meets the definition when active Corrective measures – meds, etc.; eyeglasses excepted

HUD FHEO Pittsburgh9 Definition of Disability (cont’d) “Major life activity” –functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working –Illustrative, not exclusive –Examples of other possible major life activities

HUD FHEO Pittsburgh10 Exclusions Currently using drugs illegally, when the covered entity acts on that basis –Persons who are recovering addicts HUD program regulations based on occupancy requirements will take precedence – remember, the disabled person has to be “otherwise qualified” for the program. Persons not presently using drugs but formerly addicted are considered disabled. Evidence of completion of rehabilitation/treatment is evidence of the underlying disability

HUD FHEO Pittsburgh11 EXCLUSIONS (cont’d) Disability does not include: –Homosexuality –Transvestism –Transexualism –Pedophilia –Exhibitionism –Voyeurism –Gender identity disorders (unless resulting from a physical impairment)

HUD FHEO Pittsburgh12 EXCLUSIONS (cont’d) –Other sexual behavior disorders –Compulsive gambling –Kleptomania –Pyromania –“Psychoactive substance abuse disorders resulting from current illegal use of drugs”

Definition of Reasonable Accommodation Generally, any disability-related request asking for non-standard treatment Fair Housing Act vs. Section 504 –Physical Modifications distinguished in FHA, not in Section 504 HUD FHEO Pittsburgh13

Common Requests Seen Assistance Animals Parking spaces Larger Units Grab Bars Roll-in Showers HUD FHEO Pittsburgh14

Receiving the Accommodation Request Can be verbal or written Cannot insist on a written request, but can request them to provide one –Best practice: Draft a memorandum to the record if the request is verbal. Request can be made to any employee –Maintenance sometimes has first contact HUD FHEO Pittsburgh15

Verifying the Disability and the Nexus Obvious disability or nexus – no need If you need to verify: –Accept all evidence offered, then evaluate –Do not insist on evidence from a “professional” –Do not insist on a waiver/release – may offer that, but can’t insist upon it –Don’t use oath or perjury warnings –Don’t insist on a particular form -- again, may offer but cannot insist HUD FHEO Pittsburgh16

The Interactive Process Derived from ADA Title I regulations – HUD/DOJ Joint Statement (May 17, 2004) Envisions reasonable negotiation to determine an appropriate reasonable accommodation Entitled to the accommodation they request, so long as it doesn’t constitute a financial and administrative burden or a fundamental alteration of your program HUD FHEO Pittsburgh17

Denying a Request Does not meet the definition of disabled Has not verified a non-obvious disability Fundamental alteration of your program –Examples: medical equipment, shopping, housekeeping Administrative and financial burden – case-by- case determination –Example – will have UFAS unit in two months; no need to completely modify another unit HUD FHEO Pittsburgh18

Denying a Request (cont’d) Provide a written determination stating why the request was denied Constructive denial –Justice delayed is justice denied –Too much time passes without any word or progress HUD FHEO Pittsburgh19

Questions on Reasonable Accommodations? HUD FHEO Pittsburgh20