Module 6
Reasonable Accommodations & Modifications
Understanding and implementing requirements for persons with disabilities
Lesson 1
Legal Requirements
Fair Housing Act, Section 504, and ADA require reasonable accommodations and modifications for persons with disabilities.
Definitions
- Reasonable Accommodation: Change in rules, policies, practices, or services
- Reasonable Modification: Physical change to the dwelling or common areas
- Disability: Physical or mental impairment that substantially limits major life activities
Accommodation Examples
- Waive no-pet policy for assistance/emotional support animals
- Assign accessible parking space
- Allow live-in aide
- Transfer to ground-floor unit
- Extend payment deadlines
- Provide alternate communication methods
- Allow service/assistance animals in common areas
- Adjust lease terms or procedures
Modification Examples
- Install grab bars in bathroom
- Widen doorways
- Install ramps
- Lower kitchen counters
- Install visual fire alarms
- Modify parking spaces
- Install accessible door hardware
You must grant reasonable accommodation/modification requests unless they create undue financial/administrative burden or fundamental alteration.
🔑 Key Points
- Accommodations = policy changes, Modifications = physical changes
- Must be granted unless undue burden
- Resident may pay for some modifications
- Cannot charge fees for accommodations
Lesson 2
Request Process
How Requests Are Made
- Can be written or oral
- No specific form required
- No specific words required (doesn't need to say "reasonable accommodation")
- Can be made by resident, applicant, or someone on their behalf
- Can be made at any time
Verification Process
If disability or need is not obvious, you may request verification:
- Request should go to healthcare provider, not resident
- Ask only if disability-related need exists
- Do NOT ask about diagnosis or severity
- Do NOT require access to medical records
- Accept various forms of verification
- Process requests promptly (within 10 days recommended)
Example:
Verification Request Letter: Dear Healthcare Provider, Your patient has requested a reasonable accommodation under the Fair Housing Act. To process this request, please provide the following information: 1. Does your patient have a physical or mental impairment that substantially limits one or more major life activities? 2. Does your patient need the requested accommodation because of the disability? Please do not provide diagnosis, treatment information, or other medical details. Return to: [address] Thank you for your assistance.
Never deny request for reasonable accommodation without engaging in interactive process.
🔑 Key Points
- Requests can be informal
- May verify if need not obvious
- Limited verification only
- Process quickly and document thoroughly
Lesson 3
Assistance Animals
Assistance animals (service animals and emotional support animals) are the most common reasonable accommodation request.
Types of Assistance Animals
- Service Animals: Trained to perform specific tasks for person with disability (primarily dogs)
- Emotional Support Animals: Provide therapeutic benefit through companionship (any animal)
- Both are reasonable accommodations, not pets
Key Rules
- Must waive no-pet policies
- Cannot charge pet fees, deposits, or rent
- Cannot restrict by breed, size, or weight
- Can require documentation (except obvious service animals)
- Animal must not pose direct threat or cause substantial damage
- Resident responsible for animal's behavior and damage
- Animal must be under control at all times
Recent FHA guidance addresses fraudulent ESA letters. You can verify the healthcare provider is legitimate and has knowledge of the person's disability.
Acceptable Verification
- Letter from licensed healthcare provider (doctor, therapist, psychiatrist, etc.)
- Must be treating the individual (not online-only relationship)
- Must state: 1) person has disability, 2) animal helps with disability
- Should be recent (within 12 months)
- Provider must have knowledge of person's disability
Unacceptable Verification
- Registration certificates or ID cards (no official ESA registry)
- Vest or harness on animal
- Online certificates from websites
- Letters from providers with no patient relationship
- Generic template letters
Example:
What You CAN Ask: - "Is the animal required because of a disability?" - "What work or task has the animal been trained to perform?" (service animals only) - Request written verification from healthcare provider What You CANNOT Ask: - "What is your disability?" - "Show me your medical records" - "How severe is your condition?" - "What medications do you take?" - "Can't you manage without the animal?"
🔑 Key Points
- Assistance animals are accommodations, not pets
- Cannot charge fees or impose pet restrictions
- Can verify need if not obvious
- Focus on whether animal helps with disability