When does a housing provider know that a reasonable accommodation is needed?

The duty to accommodate arises only when the housing provider has knowledge that a disability exists and that an accommodation may be required for the disabled person to use and enjoy the housing. Here are key points:

• The applicant or resident must make a request for an accommodation.

• The request does not need to mention fair housing or use the words “reasonable accommodation.”

• The request should describe the accommodation and explain the disability-related need for the requested action. For example: A resident who becomes disabled may request a transfer to a ground floor apartment because climbing the stairs has become difficult.

• The request does not need to be in writing. Although management may use a specific form, an accommodation cannot be refused just because the person requesting it did not use the form. It is important for management to document these requests.

• Reasonable accommodations can be requested whenever they are needed. A person may make requests when applying for housing, when entering into a rental agreement, during tenancy, and even during an eviction process.

• An individual with a disability may make multiple requests for accommodations, as the need arises.

The housing provider must evaluate each request on a case-by-case basis, in a timely and professional manner, and should document interactions with the resident. A housing provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a request may be considered to be a failure to provide a reasonable accommodation. If in doubt about whether accommodation policies and rules comply with fair housing laws, ask a fair housing agency to review them and suggest rephrasing if necessary.

A housing provider is not obligated to provide a reasonable accommodation to a resident or applicant if an accommodation has not been requested. A provider has notice that a reasonable accommodation request has been made if a person, her family member, or someone acting on her behalf requests a change, exception, or adjustment to a rule, policy, practice, or service because of a disability, even if the words “reasonable accommodation” are not used as part of the request.

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