Dear Fair Housing Lady: Reasonable Accomodation
Dear Fair Housing Lady,
I have been reading your articles and blogs for years and really think that I have learned a lot about Fair Housing. I just want you to know that while you often are seeing articles and cases about onsite folks not doing a good job complying with law, at my company we really do. And I think we are the most proud of the various reasonable accommodations that we have made through the years. Just sayin’…
Sincerely,
Proud as the Proverbial Peacock
Dear PPP,
Thank you for the validation and back at you for your knowledge of, and willingness to comply with, fair housing laws, especially as to reasonable accommodation for a person with disabilities (PWD). Not just because it is a mandate but because it is really, truly, simply “the right thing to do.”
But once you have accomplished a reasonable accommodation for a PWD, your work is not yet done. Whether the accommodation was mundane or quite creative, think about following this 3-step, easy and quick plan:
• Take a moment to feel reasonably proud of yourself. You are well-versed in fair housing law, capable of identifying and executing when an accommodation request should be granted. (Just keep in mind that “pride goeth before the fall” stuff and don’t overdo it.)
• Take a moment to feel reasonably smug. Unlike you, not everybody understands the need to reasonably accommodate. (If they did, life as she knows it would end for this author.) Do, however, keep the gloating to a minimum.
• Take a moment to log your reasonable accommodation in your “Reasonable Accommodation Log.” What, you do not have a log? Why would you even need one, you ask?
Why keep a Reasonable Accommodation Log? Because it is quite possible that someday you will be accused (through a fair housing charge or complaint) for failing in a particular instance to provide an accommodation when you really should have done so. The accusation will be because (1) you were wrongly accused, or (2) you did in fact mess up this one time. Ooops! If we are looking at the second scenario, you will be in damage control mode (remember that fair housing violations can be very costly!). You will need to convince folks (fair housing or disability advocates; judges or juries) that you are not an evil housing provider. So you whip out your Reasonable Accommodation Log to show all of the times that you did just what you needed to (or more) and that you do not have issues with PWDs or providing them what they reasonably need to manage. While you may have currently sinned, you will be able to demonstrate that this was an exception. Those advocates, judges and juries will likely still slap you upside the head, but because of your track record, that slap may not be as hard (please note here that “slapping” is a metaphor for paying money; you will not actually be physically assaulted – you will be fiscally assaulted).
It is an easy practice to keep your log and a wise one. Over time you will forget accommodations that were made, or employees will leave your company and take their knowledge of reasonable accommodations with them. That log is like an insurance policy.
So, in the meantime PPP, keep up the good work – doing right (and the right thing) for people with disabilities.
With admiration,
FHL
Fair Housing Lady is the alter-ego of Nadeen Green, Senior Counsel with For Rent Media Solutions™. While that makes her our attorney, she is not yours, so her information is not legal advice for you. She would love to have your questions for future newsletter appearances (so she doesn’t have to make the questions up, which is just extra work), so send them to Nadeen.Green@ForRent.com.
Category: General Fair Housing Information
All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination." 
Dear Fair Housing Lady,
I wanted to know if Reasonable accomadations from a medical provider have priority on a housing transfer wait list. My 5 year old son , Noah has sever Autism, ADHD, And we put in a request for a reasonable accomadation in house transfer(we already live in the complex) a year ago and we were told that as soon as a unit became available we would be next. Now a unit has become available and we are being told we may have to go to the bottom of the list and they are asking us why we need it although they have the request from the doctor and a Nerologist stating the need..it is in noah’s care instructions that he have an extra room free of furniture just for soft materials for him to go calm himself to keep him safe. They are dilly dallying it seems and i didn’t know for sure if it matters what sort of disability it is or if Autism is a covered disability under Fair Housing Laws or ADA? Any advice is helpful, Thank you! Shannon Greene
Dear Ms. Greene (your name is spelled with an “e” so I know we are not likely related!):
If you are at an apartment community that is tied to certain local, state, or federal programs, then there may be some factors involved that would result in a different answer (not legal advice!) that I am giving you here:
1. Noah’s autism and ADHD do qualify as disabilities under fair housing laws.
2. You have made a request for reasonable accommodation and provided documentation (in fact, you have provided more than was required).
3. The next right-sized apartment should be made available to you unless someone else with a disability asked for the same type of accommodation before your request was made on behalf of Noah. Then your request would be next-in-line.
I want to thank you for sharing the explanation of needing the extra room in the apartment – to create a soft and safe place for your son. You educated me (even teachers can and should always be learning). Without your explanation I would probably have wondered why a family with a child with Noah’s challenges needs an extra bedroom. However, please be aware that while you are gracious to explain you are not required to do so. A landlord has the right to know that there is a disability and that what is being asked for (the reasonable accommodation) is based on a need to connected to that disability. However, no landlord (or Fair Housing Lady, for that matter) has the right to inquire as to the nature of the disability or the extent. Noah’s neurologist stating that “Noah’s family needs an extra bedroom because Noah has a disability as defined under the Fair Housing Act” or some similar language is sufficient.
I cannot give you legal advice but would suggest that you go back to your landlord and nicely but firmly explain that you have asked for a request for reasonable accommodation and that you expect it to be made on your son’s behalf, and that if that does not happen you will have to take this matter further.
Perhaps you will share with me (and DFHL readers) how this all turns out for you and your son.
Sincerely, FHL (aka Nadeen Green without the “e”)
Dear Fair Housing Lady,
I have a complex situation, but here it goes anyway. My family lives in a townhome community in Maryland, and each unit has either a 1- or 2-car garage. However, my son has autism and has a strong fear of getting in a car when the car is in the garage, especially when the garage door is closed (encapsulation with in another encapsule). Furthermore, my son gets easily distrated and may jet out the door or just wonder off not aware of his surroundings. We asked that a parking spot in the common area just at the end of our street (the closets spot to our home) be assigned parking for my son as a reasonable accommodation. The community board of directors sent me a letter from the community lawyer stating that assigning that spot is a violation of Maryland law in that it belongs to the community and that they cannot deny other residents from parking there. They did make it a handicap parking spot but other cars with handicap placards park there, so we are back to square one. Is the housing board in violation of FHA? How can a state law trump a federal law? Any comments are appreciated.
Oh, goodness. As if you don’t have enough challenges in helping your son cope with his disability, now you have to lock horns with your community Board of Directors. I have a strong opinion on this matter (I often have strong opinions, just ask my husband), and that is that this is absolutely a violation of your son’s rights under the FHA. He clearly meets the definition of a person with a disability, and dedicating/ reserving one (just one, for Pete’s sake) parking space to make living in your community more manageable for him is a more than reasonable request for accommodation. You likely have more than enough facts to take this to HUD, a fair housing group, or attorney. The Board has acknowledged your son’s disability by designating the one space as general handicap parking (as insufficient as that has proven to be). Thus, they cannot argue that they “did not know there was a disability”. It is now up to you to decide what you will do on behalf of your son. I would be interested, as would I think my readers, in hearing how this develops (only, of course, should you care to share). Your son will face many challenges in his life, but he is blessed to have a father who is not only a dad, but an advocate as well.
Sincerely, Fair Housing Lady
Dear Fair Housing Lady,
Some of my buildings have tight parking areas, especially in the winter. We have resident parking lots, but not assigned parking stalls. We always encourage that residents who have garages use them for parking rather than for storage, as those are their only means of “reserved” parking. My complex is not a designated senior community, but we do have our share of elderly residents, many of which have handicapped parking stickers. We have several designated handicapped spots outside each entrance where needed, but many of these residents also rent a garage. There are a few buildings where these residents have tied up most of the lot parking and the garages, which makes it difficult to park for those residents without handicapped stickers. It almost seems like reverse discrimination if there is such a thing. One resident demanded that I add another handicapped stall (although he already has a garage), because sometimes the one in front of their building is occupied. The other resident that uses that stall occasionally also has a garage, so the one stall designated is considered a “shared” stall for quick parks, unloading etc. Is it reasonable of me to ask that he give up the garage in exchange for an additional handicapped stall, so that someone else doesn’t lose out on parking in the lot? Am I required to have a designated spot for each person with a handicapped sticker or am I able to remove some of them if those with stickers also have garages? And is it okay to simply have handicapped stalls although they are not assigned to those specific residents? Any light you could shed on this issue would be greatly appreciated.
Thanks!
Stalled on Parking
Dearest Stalled: Oh, my goodness. I think that you have won (although there is not prize) for having the most questions ever asked of FHL at one time. I admit that I am a bit lost in the fact scenario, but I am going to give this a try (and you can direct/correct my understanding of the scenario if I am totally off base). Here goes: The fact that you are or are not a senior community is irrelevant. No matter the age of your residents, when a person with a disability (PWD) needs a reasonable accommodation to manage at your community, you must grant such when possible. And yes, you are right, this sometimes leads to “reverse discrimination” but too bad/so sad (as they say) as non-disabled people are not a protected class. You need not do anything to make life easier for a person without a disability.
Here is a plan (a non-legal advice plan!): Consider gradually introducing a rule (at lease renewal time) that any and all residents with garages will not be able to park in the lot. That rule would apply whether or not there are any disabilities. Then, based on their need, you will grant reasonable parking accommodations to PWDs in the order that those folks come to you with a request. As to whether you need merely create some general handicapped spaces in the lot, or whether you need to actually make those spaces designed for a particular PWD will depend on the ability of the PWD to find an appropriate and available space when returning to the community. If there is usually space available near their apartment, assigning spaces is less likely to be necessary. If PWDs come home and cannot find parking spaces reasonable for their challenges, then assigning spaces is likely something you will have to do. Bottom line is that I do not believe it is reasonable for folks to use garages for storage and then create challenges for their landlord related to parking and reasonable accommodation.
Whew! Did I even come close to giving you the information you need?
A simple and intiellgent point, well made. Thanks!
Dear, FHL. I live in a townhouse community. Every unit has a one car garage and their own driveway. On top of this we also allow parking on the streets other than when it snows. We also have other parking spots throughout the community for visitors and residents to use. It would seem like a waste to convert some of these spots into handicap parking since they are not closer to a unit owners own residence than the garage,driveway or street parking in front of a unit would be. The only restriction we have on parking is that when it snows your must have your cars off the street for 24 hours so that the streets can be plowed. Also there should be no blocking of driveways,sidewalks and hydrants (common sense). My question is, do we need to have handicap parking? Do we need to have it just at the pool and playground since this is a common area where handicap parking would be of value. Thanks
Dear John (oh, my, I am writing a Dear John letter!),
There is a two-tiered answer to your question below. First, there will be local (State, county, city, township, etc.) ordinances that will dictate where you will need to have handicapped parking within your community and how many of such parking spaces are needed. Wisdom would certainly dictate that you comply accordingly. Once you have complied with the actual local rules, hopefully the “lay of the land” is such that your residents with disabilities will find the parking workable and manageable for their individual and particular needs. However, if that is not the case, and a resident with a disability asks for the “reasonable accommodation” of having a different or additional option to park, you will have to give that request serious and objective consideration. Unless there is a compelling reason not to provide what has been asked for, you will need to “just do it” as those Nike folks tell us. Quite frankly, landlords and homeowners rarely win fair housing cases involving parking for the disabled, so only deny such requests with a solid (attorney vetted if possible) and documented reason. Hope this helps.
Sincerely, FHL
Thank you for your insite on this issue.
john
Dear Fair Housing Lady -
On an older post, you addressed parking spaces as a reasonable accommodation. I manage a 12-unit RD subsidized apartment complex. One tenant has parked in the same handicapped spot for 5 years. Recently, another tenant began parking there when it was empty. Both have handicapped parking permits. The first tenant wants us to tell the other tenant that she is not able to park there. Can actual ADA spaces be assigned to tenants? We were told recently at a training they are there to meet the ADA law and cannot be assigned. There is no business connection to the building – only tenant use. Any advice? I can’t find a law anywhere that clarifies this? I am located in New York State. Thanks for any input you can offer!
I am always glad to offer input. The first thing to point out is that since there is no business tied to the building (it is residential only), that the ADA has nothing to do with the situation you have described. But the FHA – Fair Housing Act – very much applies here. Next is to point out that I don’t have all of the information on the situation, but that I will do my best in this response for you. If the handicapped space is the only one for this small community, then you need to add another handicapped space because you have two persons with a disability (PWD) and they both need to park. If you have more than one, then you need to consider whether the first resident has a need (not a want based on “I’ve always parked there”) to park in the specific space. If not, then each PWD can park in one of the available handicapped parking spaces. If the first resident does in fact have a need to park in the specific space, then yes, you can (and should!) reserve it for her as “Reserved Handicapped Parking” and the other PWD will park in another of your handicapped spaces. If my response doesn’t make sense, or if there is more that I should know, let me know and I will clarify for you and for others who are kind enough to read my Fair Housing Lady posts.
Dear Fairhousing Lady,
I have been to 3 of your fair housing seminars in the Toledo area. There are 3 questionst that you always say to ask a physcian in a case of a disability. Can you remind me of those? The reason I ask is a run an apartment complex that consists of 326 units and we run on a boiler chiller system. The heat and AC is free but the AC does not come on until usually the 3rd week of May. Everyone is given an addendum to sign as we explain to them how our system works. However, when there our 80 or 90 degree days before the AC is on we constantly get calls about people needing a portable AC provided to them due to their health disability. We only have about 7 units that we can offer but normally those are only offered when the AC system we provide malfunctions and our maintenance technicians are unable to repair the unit in a prompt manner. Any advice would help. Thank you!
Dear Samantha: I would like to say thank you for attending 3 of my programs in Toledo, but I realize that maybe your supervisor or company required you to go and you did not have a choice. (Smile)
1. The form you are asking about is often referred to as a “Request for Reasonable Accommodation” form. It is used ONLY when you cannot see the disability or do not otherwise have knowledge of the nature of the disability and why the resident is asking for a reasonable accommodation. So, for example, you would not use the form when a resident’s child has cystic fibrosis, you know this, and the heat in the apartment is making it very difficult for that child with a disability to breathe.
2. The form is usually sent to a doctor, but it can go to anyone with the ability to answer the three questions on the form. So understand that a social worker, physical therapist, psychologist, etc. can give you the input.
3. The essence of the 3 questions (I will not give you the exact language as your attorneys should do that):
Does this person have a disability as defined under the FHA?
This person is asking us [to provide alternative air-conditioning before our system is activated for the season]; does this person need this because of their disability?
Would you testify to your above two answers in any proceeding (in the unlikely event that you were asked to do so)?
Hope this helps, and that everyone will “chill” soon.
Sincerely, FHL