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:

  1. Will the applicant pay rent and other fair charges in a timely manner?
  2. 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?
  3. Will the applicant avoid interfering with the rights and enjoyment of others and avoid damaging the property of others?
  4. Will the applicant avoid interfering with the rights and enjoyment of others and avoid damaging the property of others?
  5. 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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Last modified: 04 Jun 2023