Protecting the Rights of Disabled Applicants and Residents     

Broadly defined, reasonable accommodations are modifications or measures taken to make a program or facility serving the public accessible and usable by persons with disabilities.  The legal obligation to provide reasonable accommodations is rooted in the Americans with Disabilities Act (ADA) and other Federal and State disability civil rights and accessibility laws.  Under the ADA, public entities are required to “make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability.”   Furthermore, Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Virtually all programs and facilities that receive any type of government funding are covered by these requirements.  Such programs and facilities are required to make reasonable accommodations under the ADA unless they can demonstrate “that making the modifications would fundamentally alter the nature of the program, service, or activity.” (28 CFR Part 35 § 35.130(7)) 

Persons with disabilities are legally entitled to reasonable accommodations in order to have the full use and enjoyment of the housing opportunities being made available by the supportive housing provider.  It is extremely important for owners and operators of supportive housing to have clear, organized and well-documented policies and procedures for receiving, considering and responding to such requests for accommodation, and for these policies and procedures to be clearly communicated to housing applicants and tenants. It should also be noted that some applicants or tenants may need accommodations to be made in the administration of these policies and procedures as well, such as assistance with completing forms or gathering necessary documentation.

Reasonable accommodations take many forms in supportive housing, as in the following examples: 

• Physical: Alterations to units or common areas (for example, the installation of grab bars in a bathroom or front-loading washing machines in the laundry room).
• How Information Is Shared: Programs may make their written materials and other information available in Braille, large print, or on audio-tape for residents with visual impairments, or through a sign language interpreter for the hearing impaired.
• Policies/Rules: Exceptions to or waivers of certain policies or rules (for example, allowing service animals in a building that does not otherwise allow pets).

The supportive housing provider must institute a policy and procedure for accepting, considering, and responding to requests for reasonable accommodation.  It is crucial that the provider be able to respond flexibly to the needs of individual applicants and residents, a task that is more often difficult in the case of “hidden” disabilities (not visibly apparent). 

This section of the Toolkit will help providers comply with their legal obligations by instituting reasonable accommodation policies and procedures that, at a minimum:

• Notify applicants and residents of their rights to reasonable accommodation;
• Provide applicants and residents with disabilities an opportunity to request and verify the need for reasonable accommodations; and
• Formally respond to requests by either granting the reasonable accommodation OR stating a reason for the denial and providing access to a grievance process.

All such policies, procedures and forms should be reviewed by legal counsel. 

Tools for Reasonable Accommodations in Supportive Housing Operations:

Reasonable Accommodations in Tenant Selection Processes: This informational piece, written in the form of questions and answers, summarizes legal Reasonable Accommodations issues of which providers should be aware as they screen prospective tenants in order to avoid discrimination against prospective tenants with disabilities. 

Reasonable Accommodations During Occupancy:  Similar to the section above, this informational piece describes legal Reasonable Accommodation issues during occupancy, and highlights that the need for a reasonable accommodation can occur anytime during a tenant’s occupancy.

Sample Notice of Right to Reasonable Accommodations: An example of a form communicating to tenants regarding their right to request a reasonable accommodation, if needed.

Sample Request for Reasonable Accommodation Form: An example of a form that tenants could be asked to use to request their reasonable accommodation.

Sample Verification of Need for a Reasonable Accommodation Form: An example of a letter and form that could be used to request third-party verification of the need for the requested accommodation.

Sample Physician’s Verification of Need for Home Health Care Services Form:  An example of a form that could be used third-party verification of tenant’s need for a home health care provider, which may require accommodations to the lease and/or the tenant’s unit size.

Sample Home Health Care Provider Authorization Form: An example of a form that could be used to confirm requirements and expectations placed on home health care provider.

Sample Unit Transfer Request Form:  An example of a form that tenants could be asked to use to request a transfer to a different unit as a reasonable accommodation.

Sample Response to Request for Reasonable Accommodation Form:  An example of a form that could be used for responding to requests for reasonable accommodations.

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