Fair Housing & Reasonable Accommodations

Fair Housing

The Fair Housing Act, 42 U.S.C. §§ 3601-19, protects individuals from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities because of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, and disability. According to the United States Department of Housing and Urban Development, federal law requires housing providers to make reasonable accommodations and modifications for tenants and homebuyers with disabilities. These laws also protect persons who do not have a disability but live or are associated with someone who is disabled.

Reasonable Accommodations

The Americans with Disabilities Act Title II requires public entities and public accommodations to make reasonable modifications to policies, practices, or procedures to avoid discrimination. However, a public entity is not required to make accommodations and modifications that could fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. Section 504 requires that federally funded programs or activities make reasonable accommodations necessary for individuals with disabilities to have an equal opportunity to participate fully in a program, service, housing, or job. Under Section 504, housing providers are required to make and pay for reasonable accommodation unless providing the accommodation would be an undue financial and administrative burden or a fundamental alteration of the program.

If you have any questions regarding Reasonable Accommodation, please contact us at 504@thehacc.org.

Forms & Documents

Fair Housing FAQs

What are some examples of possible Reasonable Accommodations?

Some possible accommodations that can be requested from the authority include but are not limited to: Rent from relative based on nexus, extra bedroom for medical equipment and supplies based on nexus, live in aides or 24-hour nurse, extra bedroom due to disability, transfer of building and or unit due to disability. Also, modification of the unit based on the disability may be permitted. A third-party verification is required and a nexus between the disability and the requested accommodation must be shown.

What is the housing authority’s process for responding to Requests for Reasonable Accommodations?

According to the ACOP and the Administrative Plan, the response time for request from tenants in the Low-Income Public Housing Program is up to 30 days from the receipt of the request, and for tenants who are part of the Housing Choice Voucher (HCV) Program, The Section 504 Coordinator has fifteen (15) days to send a response to the tenant regarding their initial request. Once the initial response is sent out, if the tenant or applicant disagrees with the decision, he or she has ten (10) business days to file a written appeal providing facts that they believe may change the decision; If after those ten (10) days, there is no change, then a written response will be sent to the tenant or applicant advising them that if they disagree with the decision made on their appeal they can request to have an informal administrative hearing scheduled at a mutually convenient time for both parties.

If someone requires a Reasonable Accommodation, what should they do?

There are two (2) forms that are required to be filled out. The first form is called: Request for Accommodation, it is a two (2) page form that is filled out by the tenant or applicant that explains in their own words why they are in need of the accommodation and what accommodation they need; The other form that needs to be filled out is called the Third Party Certification of need for a Reasonable Accommodation; This is a three-page form that is to be filled out by a doctor or a third party who is familiar with the person’s condition and needs and will be able to give an accurate picture of what the applicant or tenant needs.

What is the Housing Authority required to do under Section 504

The Housing Authority must ensure that all of its programs and policies are accessible for persons with disabilities. The Authority must also ensure that there is a grievance policy to resolve issues or complaints that may arise.

What is Section 504?

Section 504 of the Rehabilitation Act of 1973 states that any entity that receives Federal funding must be accessible for persons with disabilities.