MHCO Columns

DO Be Prepared for Reasonable Accommodation Requests - DON’T Ignore Disability-Related Requests for Exceptions to the Rules

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Be prepared to handle requests for reasonable accommodations when residents are caught breaking the rules. It may sound like an excuse, but it should alert you to your obligations under fair housing law to provide reasonable accommodations to individuals with disabilities. The FHA requires communities to make exceptions to rules and policies as reasonable accommodations for individuals with disabilities when doing so is necessary to give them an equal opportunity to use and enjoy their dwelling.

And don’t be thrown off by what the resident says or when he says it. Whenever a resident raises a disability-related reason for violating the lease or community rules, you should treat it as a reasonable accommodation request. Under the FHA, an applicant makes a request for a reasonable accommodation whenever he makes clear that he is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. The law doesn’t require that requests for reasonable accommodations be made in a particular manner or at a particular time.

Don’t dismiss it as an excuse or ignore the resident’s request for an exception to the rules simply because he doesn’t appear to be disabled. The law covers a variety of physical and mental impairments, characterized by few, if any, obvious symptoms to suggest that a particular person qualifies under the FHA’s disability-related provisions. Federal guidelines permit you to request additional information necessary to evaluate the request if either the disability or the need for the requested accommodation isn’t readily apparent.