A housing provider is entitled to obtain information that is necessary to evaluate whether a requested reasonable accommodation or reasonable modification may be necessary because of a disability. If a person’s disability is obvious, or otherwise known to the housing provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the housing provider may not request any additional information about the requester’s disability or the disability-related need for the accommodation or modification.
If the requester’s disability is known or readily apparent to the housing provider, but the need for the accommodation or modification is not readily apparent or known, the provider may request only information that is necessary to evaluate the disability-related need for the accommodation or modification.
Do not ever ask for specific information about the disability or for medical records!That is a sure way to get into trouble!
Here are a few examples:
Example 1: An applicant with an obvious mobility impairment who regularly uses a walker to move around asks her housing provider to assign her a parking space near the entrance to the building instead of a space located in another part of the parking lot. Since the physical disability (i.e., difficulty walking) and the disability-related need for the requested accommodation are both readily apparent, the provider may not require the applicant to provide any additional information about her disability or the need for the requested accommodation.
Example 2: A rental applicant who uses a wheelchair advises a housing provider that he wishes to keep an assistance dog in his unit even though the provider has a “no pets” policy. The applicant’s disability is readily apparent but the need for an assistance animal is not obvious to the provider. The housing provider may ask the applicant to provide information about the disability-related need for the dog.
Example 3: An applicant with an obvious vision impairment requests that the leasing agent provide assistance to her in filling out the rental application form as a reasonable accommodation because of her disability. The housing provider may not require the applicant to document the existence of her vision impairment.
Example 4: An applicant with an obvious mobility impairment who uses a motorized scooter to move around asks the housing provider to permit her to install a ramp at the entrance of the apartment building. Since the physical disability (i.e., difficulty walking) and the disability-related need for the requested modification are both readily apparent, the provider may not require the applicant to provide any additional information about her disability or the need for the requested modification.
Example 5: A deaf tenant asks his housing provider to allow him to install extra electrical lines and a cable line so the tenant can use computer equipment that helps him communicate with others. If the tenant’s disability is known, the housing provider may not require him to document his disability; however, since the need for the electrical and cable lines may not be apparent, the housing provider may request information that is necessary to support the disability-related need for the requested modification.
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