Phil Querin Q&A: Is there ever a time you can deny a "Reasonable Accommodation" request?

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March 25, 2015
Phil Querin
MHCO Attorney
Querin Law

Question. Are there any instances when a [housing] provider can deny a request for a reasonable accommodation without violating the Act?

 

Answer. Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable - i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability-related needs.” [Emphasis included in original.]