Troy Rappold, ARM�

Rappold Property Management, LLC

 

Under fair housing laws, housing providers (sales agents, landlords, lenders, home insurance carriers, homeowners associations, shelters, etc.) must address the needs of current or prospective housing consumers who have disabilities by making reasonable accommodations and allowing reasonable modifications.  A reasonable accommodation is an adjustment in rules, procedures or services that gives a person with a disability an equal opportunity to use and enjoy their dwelling and common areas.  A reasonable modification is a change to the physical structure of a dwelling or common area that is needed to allow a person with a disability full enjoyment of the premises. 
 
It is expected that housing providers will incur some costs associated with granting a reasonable accommodation.  However, reasonable modifications are often the resident's expense to bear, except in subsidized rental housing.
 
Housing providers may not ask applicants or residents if they have a disability, ask for details about the condition, or ask to see medical records.  It is entirely up to the individual with a disability to determine if s/he needs help, and whether or not to disclose that they have a disability in order to ask for assistance.  While it is advisable that such requests be made in writing, housing providers may not require this and, fundamentally, every request must be considered.
 
If an accommodation or modification is requested, and either the disability is not obvious, or the nexus between the disability and the accommodation or modification is not obvious, it is okay to ask for third-party verification that the person has a disability and that is requested is necessary because of the disability (not just a pleasantry).  This verification typically comes in the form of a letter of verification from a doctor or other qualified third party who has knowledge about the person's disability and can vouch for the need for assistance. 
 
Vision Disabilities
A guide dog.
Ample interior and exterior lighting.
Read notices aloud or provide them in large print or in Braille.
Provide large print or Braille numbers on doors.
Remove objects that protrude into hallways and pathways.
Put non-slip, color-contrast strips on stairs.
 
Hearing Disabilities
A visual doorbell signal.
A visual smoke alarm system.
Add voice amplification to common area telephones.
Install a TTY in the rental office.
Provide sign language interpreters for important meetings.
A service animal.
 
Cognitive Disabilities
Explain the rental agreement and tenancy rules.
Write rental documents and notices in clear, simple terms.
Show how to use appliances.
Provide simple door locks or security systems.
Provide a monthly reminder that the rent is due.
Show location of the water shutoff valve and explain when to use it.
 
Psychiatric Disabilities
A service animal.
Move a resident to a quieter unit, if requested.
A live-in personal care attendant / caregiver.
 
HIV, AIDs or other "Stigma" Conditions
A live-in personal care attendant / caregiver.
Allow a community person to come in to educate neighbors about the condition and help dispel fears and mis-perceptions.
 
Environmental Disabilities
Use non-toxic cleaning products and fertilizers.
Removal of carpet from the unit.
Removal of ballast or fluorescent lights.
Post "no smoking" signs in common areas.  This is actually required by Oregon and Washington state laws in all common areas.
Consider a "no smoking" policy for an entire building.
 
Physical Disabilities
Be sure the onsite office is accessible.  This is already required of most housing complexes under the Americans with Disabilities Act and / or the Fair Housing Act's Design & Construction requirements.
A live-in personal care attendant / caregiver.
Lever door handles vs. twist knobs.
Adjustments to automatic door closers.
Clear shrubs from pathways and trim to low height.
Insulate exposed kitchen and bathroom pipes.
Install anti-skid tape on floors and stairs.
A move to a lower floor or more accessible unit, if requested.
Widening of doorways.
Installation of ramps, grab bar, etc.
Lowering of closet rods, counter tops, thermostat and other environmental controls, etc.
Designated, assigned parking close to the individual's unit.
 
While this is a sampling of common requests, it is by no means exhaustive.  The needs of those with disabilities can be as unique and wide ranging as there are individuals with disabilities.  Remember, every request must be considered even if the housing consumer doesn't use the specific words "accommodation" or "modification" and even if the request is not made in writing.
 
For a great deal more information, including the reason one can deny a request, sample reasonable accommodations / modifications forms, etc., visit the "Resources Related to Disability as a Protected Class" section at FHCO.org/links.htm.  Also, read the Joint Statement from the Department of Housing and Urban Development and the Department of Justice on reasonable accommodations (www.usdoj.gov/crt/housing/joint_statement_ra_5-17-04.pdf)

 

and reasonable modifications (www.usdoj.gov/crt/housing/fairhousing/reasonable_modifications_mar08.pdf).
 
This article brought to you by the Fair Housing Council; a non-profit serving the state of Oregon and SW Washington.  Learn more and / or sign up for our free, periodic newsletter at FHCO.org. 
 
Much of the information provided above was originally designed by the Fair Housing Partners of Washington State and made possible by a grant from the Dept. of Housing and Urban Development.  We thank them both for allowing us to share this information with you.
 
Qs about your rights and responsibilities under fair housing laws?
Visit FHCO.org or call 1-800-424-3247 Ext. 2.
 
Qs about this article?  Want to schedule an in-office fair housing training program or speaker for corporate or association functions?
Contact Jo Becker at [email protected] or 503/453-4016.
 
Have property to promote? 
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