I. REQUESTING A REASONABLE ACCOMMODATION 1. What is a “reasonable accommodation” pursuant to the Fair Housing Act (hereinafter “FHA”)? The FHA does not expressly define the statute “reasonable accommodation”. Instead, includes. . .a refusal to make reasonable accommodations in rules, provides that “discrimination policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling”. The courts have interpreted this prohibition to mean that individuals with a disability may submit a the needs of the disabled. . .to protect the right of request “to accommodate handicapped persons to live in the residence of their choice in the community [and] to end the unnecessary exclusion of persons with handicaps from the American mainstream.” Whenever a person submits a request that a rule, a policy, a practice or a service be changed or modified in some way in order to accommodate that or person’s (or someone residing associated with that such a request is a reasonable accommodation request. person’s) disability, The Courts have held that a reasonable accommodation is not a “reasonable” if it imposes fundamental alteration in the nature of the program or an undue financial or administrative burden on the party to whom it is submitted. However, the courts have further held that a proposed accommodation may financial on the party to whom it is entail “some burden” submitted. 2. Who can request a reasonable accommodation in housing? The FHA provides that persons who are “handicapped” (the terms “handicapped” and have the same legal meaning) may request a reasonable accommodation in housing. “disabled” The FHA defines “handicap” as:
I. REQUESTING A REASONABLE ACCOMMODATION 1. What is a “reasonable accommodation” pursuant to the Fair Housing Act (hereinafter “FHA”)? The FHA does not expressly define “reasonable accommodation”. Instead, the statute provides that “discrimination includes. . .a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling”. The courts have interpreted this prohibition to mean that individuals with a disability may submit a request “to accommodate the needs of the disabled. . .to protect the right of handicapped persons to live in the residence of their choice in the community [and] to end the unnecessary exclusion of persons with handicaps from the American mainstream.” Whenever a person submits a request that a rule, a policy, a practice or a service be changed or modified in some way in order to accommodate that person’s (or someone residing or associated with that person’s) disability, such a request is a reasonable accommodation request. The Courts have held that a reasonable accommodation is not “reasonable” if it imposes a fundamental alteration in the nature of the program or an undue financial or administrative burden on the party to whom it is submitted. However, the courts have further held that a proposed accommodation may entail “some financial burden” on the party to whom it is submitted. 2. Who can request a reasonable accommodation in housing? The FHA provides that persons who are “handicapped” (the terms “handicapped” and “disabled” have the same legal meaning) may request a reasonable accommodation in housing. The FHA defines “handicap” as:
final-GUIDE-TO-REASONABLE-ACCOMMODATIONS-2217-attorneys-2.docx