Michigan Real Estate Education and Licensing (www.123ConEd.com and www.1StopConEd.com)): disability

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Friday, October 23, 2009

Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act

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The goal of the Fair Housing Act is to ensure “no person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real-estate related transactions.” With respect to people with disabilities, the Act serves to:

Give people with disabilities opportunities to choose where they want to live;

Assure that reasonable accommodations and reasonable modifications are made so that a person with a disability can secure and use housing as fully as a person without a disability.

Assure that persons with disabilities are able to live free from intimidation and harassment; and

Require that multi-family housing built for first occupancy after March 13, 1991, has certain accessible features (e.g., a usable kitchen for a person who uses a wheelchair).

The Fair Housing Act prohibits housing providers from discriminating against applicants or residents because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of their disability. The Act also prohibits housing providers from refusing residency to persons with disabilities, or, with some narrow exceptions, placing conditions on their residency, because those persons may require reasonable modifications or reasonable accommodations.

With respect to reasonable accommodations and reasonable modifications:

The Act makes it unlawful for any person to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford . . . person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.”

The Act makes it unlawful for any person to refuse “to permit, at the expense of the [disabled] person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.”

It is important for all real estate professionals to remember that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

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To learn more about Fair Housing issues (and many other real estate topics), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Energy, Labor & Economic Growth.

Tuesday, June 2, 2009

A Few Examples of Illegal Housing Practices Against Persons with Disabilities Under the Fair Housing Act

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Here is a little reminder for everyone about their obligations under the Fair Housing act with respect to people with disabilities. The following are a few examples of illegal housing practices against persons with disabilities under the Fair Housing Act:

Refusing to rent or sell or otherwise making unavailable to an individual with a disability a dwelling unit, because of the buyer’s or renter’s disability;

Imposing different terms and conditions on the sale or rental of a dwelling unit due to the buyer’s or renter’s disability;

Coercing, intimidating or threatening a person for exercising his or her rights under the Fair Housing Act;

Informing an individual with a disability that a dwelling was not available for inspection, when in fact the dwelling was available;

Discriminating against any person who associates with a person with a disability in the sale or rental of a covered dwelling unit;

Blockbusting – that is paying someone to rent or sell a dwelling unit to another person, so as to prevent an individual with a disability from moving into a neighborhood;

Refusing to make reasonable accommodations of rules, policies, practices or services that are needed to accommodate an individual with a disability;

Refusing to allow a tenant with a disability to undertake reasonable structural modifications to an existing building which may be necessary to accommodate that person’s disability;

Engaging in any real estate-related transaction that promotes discrimination against an individual with a disability;

Denying a person with a disability access to a multiple listing service, real estate broker’s organization or other related service based upon his or her disability;

Asking a prospective tenant/home-buyer about his or her disability;

Requiring tenants or others living in housing to be able to “live independently”;

Requiring a person with a disability to pay a higher security deposit than that requested from a tenant without a disability;

Publishing an advertisement, notice or statement which limits or excludes individuals with disabilities from renting or purchasing a dwelling;

Denying housing due to a present or past history of a mental illness;

Asking a prospective tenant about illegal drug use or illegal drug convictions unless those questions are asked of all prospective tenants.

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To learn more about fair housing issues (and many other real estate topics), please visit us at www.123ConEd.com. We are the leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online.

Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act

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Give people with disabilities opportunities to choose where they want to live;

Assure that reasonable accommodations and reasonable modifications are made so that a person with a disability can secure and use housing as fully as a person without a disability.

Assure that persons with disabilities are able to live free from intimidation and harassment; and

Require that multi-family housing built for first occupancy after March 13, 1991, has certain accessible features (e.g., a usable kitchen for a person who uses a wheelchair).

With respect to reasonable accommodations and reasonable modifications:

The Act makes it unlawful for any person to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford . . . person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.”

The Act makes it unlawful for any person to refuse “to permit, at the expense of the [disabled] person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.”

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

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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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To learn more about fair housing issues (and many other topics affecting real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Fair Housing Lawsuit Settled for $130,000 + Retrofitting Costs

scales Here is another example of a recent settlement of a Fair Housing Act lawsuit brought by the United States Department of Justice (“DOJ”). I try to post case summaries in order to provide timely updates to real estate agents and brokers about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.

Yesterday afternoon (Wednesday, May 20, 2009), the DOJ settled a Fair Housing Act lawsuit that was brought against the developers, architects, and professional engineers responsible for building four multifamily housing complexes in Spokane, Washington. The lawsuit alleged that the defendants designed and built the complexes in violation of the Fair Housing Act by failing to make the complexes accessible to wheelchair users and other persons with physical disabilities.

According to the lawsuit, the defendants each designed portions of one or more of the complexes without including required accessibility features in the designs. Since 1989, federal law has required that new multifamily housing contain certain features to make it accessible to and usable by wheelchair users and other persons with physical disabilities.

Under the terms of the settlement, the defendants will pay all costs related to making the apartment complexes accessible to persons with disabilities and will pay $120,000 to compensate individuals harmed by the inaccessible housing. The developer will pay a $10,000 civil penalty to vindicate the public interest and most of the defendants will undergo training on the requirements of the Fair Housing Act.

The retrofitting includes modifying walkways to eliminate excess slopes and level changes, providing accessible curb ramps, and parking and routes to site amenities, such as clubhouses, pools, mailboxes and trash facilities. The settlement also provides for the replacement of inaccessible knob door hardware with levers, the widening of inaccessible doorways, and the reconfiguration of bathrooms and kitchens to accommodate persons who use wheelchairs.

As all real estate professionals should already know, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other things, the Act requires that new multifamily housing development be designed and constructed with basic accessibility features, including accessible common and public use areas, accessible routes to and through apartments, doors wide enough for wheelchair users, kitchens and bathrooms with sufficient maneuvering space for wheelchair users, outlets and environmental controls in accessible locations and bathrooms with reinforcements for grab bars.

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Fair Housing Lawsuit Filed Against Town

scales Here is another example of a recent Fair Housing Act lawsuit brought by the United States Department of Justice (“DOJ”). I try to post case summaries in order to provide timely updates to real estate agents and brokers about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.

Yesterday afternoon (Tuesday, May 19, 2009), the DOJ filed a Fair Housing Act lawsuit against the town of Garner, North Carolina, and the town’s board of adjustment alleging that they violated the Fair Housing Act when they refused to allow up to eight men recovering from drug and alcohol addictions to live together as a reasonable accommodation for their disabilities.

The lawsuit also alleges that the defendants had engaged in a denial of rights to a group of persons or a pattern or practice of discrimination by failing or refusing to recognize their obligation to make reasonable accommodations. The home is chartered by Oxford House Inc., a non-profit organization that assists in the development of self-governing houses in which persons in recovery support one another’s determination to remain sober. The town of Garner permits up to six persons to live in the home, but has refused to consider requests by Oxford House to increase the number to eight.

The Fair Housing Act requires jurisdictions to make reasonable accommodations in their rules when necessary to provide persons with disabilities an equal opportunity to housing. As a result, the DOJ believes that the town should have granted the request to allow eight people as a reasonable accommodation.

This case arose as a result of a complaint filed with HUD by Oxford House. HUD conducted an investigation and referred the matter to the DOJ.

The lawsuit seeks monetary damages for the victims, a civil penalty and a court order requiring Garner to grant the requested accommodation and establish a procedure for considering future accommodation requests. The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.

I will try to follow this case and provide an update when the case is resolved.

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Sunday, May 17, 2009

Fair Housing Act Lawsuit Filed Alleging Disability-Based Housing Discrimination

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Here is another example of a recent Fair Housing Act lawsuit brought by the United States Department of Justice (“DOJ”). I try to post case summaries in order to provide timely updates to real estate agents and brokers about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.

On May 7, 2009, the DOJ filed a lawsuit against Equity Homes Inc, PBR LLC, BBR LLC and Shane Hartung in federal court alleging that the defendants failed to provide accessible features required by the Fair Housing Act at six separate multi-family housing developments in Sioux Falls, South Dakota.

The lawsuit, which originated from a complaint filed with HUD, concerns six Sioux Falls complexes. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Among other things, the Act requires that new multifamily housing developments be designed and constructed with basic accessibility features, including accessible common and public use areas, accessible routes to and through apartments, doors wide enough for wheelchair users, kitchens and bathrooms with sufficient maneuvering space for wheelchair users, outlets and environmental controls in accessible locations, and bathrooms with reinforcements for grab bars. The lawsuit alleges that the defendants failed to include certain of these required accessibility features at each of the six complexes.

When builders and designers construct homes without regard for accessible features, they are effectively shutting the door to persons with disabilities. Designing and constructing multi-family housing without basic features of accessibility violates the law and subjects the builders and designers to liability under the Act.

The lawsuit seeks a court order requiring the defendants to modify the complexes to bring them into compliance with federal laws and prohibiting future discrimination by the defendants, as well as monetary damages to compensate victims. The lawsuit filed by the DOJ is an allegation of unlawful conduct, and the allegations must still be proven in court.

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Tuesday, April 21, 2009

"Fundamental Allteration” under the Fair Housing Act

What is a “fundamental alteration” of a housing provider’s operations with regard to Fair Housing Act reasonable accommodation requests?

A “fundamental alteration” is a modification that alters the essential nature of a housing provider’s operations.

Example: A tenant has a severe mobility impairment that substantially limits his ability to walk. He asks his housing provider to transport him to the grocery store and assist him with his grocery shopping as a reasonable accommodation to his disability. The provider does not provide any transportation or shopping services for its tenants, so granting this request would require a fundamental alteration in the nature of the provider’s operations. The request can be denied, but the provider should discuss with the requester whether there is any alternative accommodation that would effectively meet the requester’s disability-related needs without fundamentally altering the nature of its operations, such as reducing the tenant’s need to walk long distances by altering its parking policy to allow a volunteer from a local community service organization to park her car close to the tenant’s unit so she can transport the tenant to the grocery store and assist him with his shopping.

For more information about reasonable accommodations under the Fair Housing Act, please see What is a “Reasonable Accommodation” for Purposes of the Fair Housing Act.

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Please visit www.123ConEd.com to learn more about fair housing and many other topics and issues affecting real estate professionals. We offer online continuing education tailored for Michigan real estate professionals. Our classes are informative and easy to use. In addition, we offer the cheapest price around because we are sensitive to the tough economic environment. Every one of our courses has been approved by the Michigan Department of Labor & Economic Growth.

Are there any instances when a housing provider can deny a request for a reasonable accommodation without violating the Fair Housing Act?

Are there any instances when a housing provider can deny a request for a reasonable accommodation without violating the Fair Housing Act?

Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable (i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider’s operations). The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.

When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester’s disability-related needs without a fundamental alteration to the provider’s operations and without imposing an undue financial and administrative burden. If an alternative accommodation would effectively meet the requester’s disability-related needs and is reasonable, the provider must grant it. An interactive process in which the housing provider and the requester discuss the requester’s disability-related need for the requested accommodation and possible alternative accommodations is helpful to all concerned because it often results in an effective accommodation for the requester that does not pose an undue financial and administrative burden for the provider.

Example: As a result of a disability, a tenant is physically unable to open the dumpster placed in the parking lot by his housing provider for trash collection. The tenant requests that the housing provider send a maintenance staff person to his apartment on a daily basis to collect his trash and take it to the dumpster. Because the housing development is a small operation with limited financial resources and the maintenance staff are on site only twice per week, it may be an undue financial and administrative burden for the housing provider to grant the requested daily trash pick-up service. Accordingly, the requested accommodation may not be reasonable. If the housing provider denies the requested accommodation as unreasonable, the housing provider should discuss with the tenant whether reasonable accommodations could be provided to meet the tenant’s disability-related needs – for instance, placing an open trash collection can in a location that is readily accessible to the tenant so the tenant can dispose of his own trash and the provider’s maintenance staff can then transfer the trash to the dumpster when they are on site. Such an accommodation would not involve a fundamental alteration of the provider’s operations and would involve little financial and administrative burden for the provider while accommodating the tenant’s disability-related needs.

There may be instances where a housing provider believes that, while the accommodation requested by an individual is reasonable, there is an alternative accommodation that would be equally effective in meeting the individual’s disability-related needs. In such a circumstance, the housing provider should discuss with the individual if she is willing to accept the alternative accommodation. However, providers should be aware that persons with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability, and an individual is not obligated to accept an alternative accommodation suggested by the provider if she believes it will not meet her needs and her preferred accommodation is reasonable.

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We offer online real estate continuing education to Michigan agents and brokers. We offer numerous different course titles on our easy to use and easy to navigate website (www.123ConEd.com). All of our courses have been approved and certified by the State of Michigan.

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

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.

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To learn more about Fair Housing issues in Michigan (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Do Housing Providers Need to Have Formal Procedures in Place for Processing Fair Housing Requests?

QUESTION: Must a housing provider adopt formal procedures for processing requests for a reasonable accommodation?

No. The Fair Housing Act does not require that a housing provider adopt any formal procedures for reasonable accommodation requests. However, having formal procedures may aid individuals with disabilities in making requests for reasonable accommodations and may aid housing providers in assessing those requests so that there are no misunderstandings as to the nature of the request, and, in the event of later disputes, provide records to show that the requests received proper consideration.

A housing provider may not refuse a request, however, because the individual making the request did not follow any formal procedures that the provider has adopted. If a provider adopts formal procedures for processing reasonable accommodation requests, the provider should ensure that the procedures, including any forms used, do not seek information that is not necessary to evaluate if a reasonable accommodation may be needed to afford a person with a disability equal opportunity to use and enjoy a dwelling. See Questions Nos. 16, 17 and 18, which discuss the disability-related information that a provider may and may not request for the purposes of evaluating a reasonable accommodation request.

For more information about reasonable accommodations, please see these other postings:

What is a “Reasonable Accommodation” for Purposes of the Fair Housing Act?;

Instances When a Housing Provider Can Deny a Request for a Reasonable Accommodation Without Violating the Fair Housing Act; and

The Difference Between a "Reasonable Accommodation" and a "Reasonable Modification" Under the Fair Housing Act.

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Approval Needed Before Making Reasonable Modification of Rental Unit

QUESTION: Does a person with a disability have to have the housing provider’s approval before making a reasonable modification to the dwelling?

Yes. A person with a disability must have the housing provider’s approval before making the modification. However, if the person with a disability meets the requirements under the Fair Housing Act for a reasonable modification and provides the relevant documents and assurances, the housing provider cannot deny the request.

For more information about reasonable modifications, please see these other postings: What is a “Reasonable Modification” for Purposes of the Fair Housing Act? and The Difference Between a "Reasonable Accommodation" and a "Reasonable Modification" Under the Fair Housing Act.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Sunday, March 22, 2009

Who Must Comply with the Fair Housing Act?

The Fair Housing Act is very broad and applies to wide variety of people. Because the law is worded in a way that prohibits actions by “a person” and then defines “person” very broadly, the law can be applied to many people and entities that engage in all types of housing activities. A few examples include:

Most owners of housing, even if they’re not directly involved in the alleged discrimination
Managers (on-site and off-site) and property management companies
Homeowners’ Associations who make rules and operate condominiums and co-ops
Lenders, including direct lenders, lenders who loan money with a house as security, and the secondary market
Real estate agents and brokers who are involved in selling or renting houses or managing property
Insurers of housing, including those who provide homeowners and renters insurance
Developers of single family and multifamily housing
Architects who design housing
Contractors who are involved in housing construction
Engineers who plan housing developments
Builders who construct housing
Landscape architects who design the housing site
And others

Remember that the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

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Does an Apartment Complex with a Clearly Posted "No Pets" Policy Need to Allow Tenants with Service Animals?

Does an apartment complex with a clearly posted "no pets" policy need to allow tenants with service animals?

This is a very common question in real estate and something that every real estate professional should know. This issue arises almost daily in conjunction with condominium rules and regulations, apartment complex rules, and generally to all rental housing, many of which have "no pets" policies.

The answer is, yes. A service animal is not a pet. Federal fair housing laws require property manages and landlords to modify their "no pets" policies to allow the use of a service animal by a person with a disability. This does not mean they must abandon their "no pets" policies altogether but simply that they must make an exception to their general rules for service animals. This is considered a "reasonable accommodation" under the Fair Housing Act.

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What is Considerd a Service Animal Under Fair Housing Laws ?

Federal fair housing laws define a "service animal" as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the law regardless of whether they have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

Alerting persons with hearing impairments to sounds.
Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
Assisting persons with mobility impairments with balance.

A service animal is not a pet, and, as such, "no pet" policies at rental properties do not apply to service animals. Service animals much be allowed for tenants even if a housing provider has a blanket "no pets" policy.

How can you tell if an animal is really a service animal and not just a pet?

Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

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Is a request for a parking space because of a physical disability a reasonable accommodation or a reasonable modification?

Courts have traditionally treated requests for parking spaces as requests for a reasonable accommodation and have placed the responsibility for providing the parking space on the housing provider, even if provision of an accessible or assigned parking space results in some cost to the provider. For example, courts have required a housing provider to provide an assigned space even though the housing provider had a policy of not assigning parking spaces or had a waiting list for available parking. However, housing providers may not require persons with disabilities to pay extra fees as a condition of receiving accessible parking spaces.

Providing a parking accommodation could include creating signage, repainting markings, redistributing spaces, or creating curb cuts. This list is not exhaustive.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Are reasonable modifications restricted to the interior of a dwelling?

No. Reasonable modifications are not limited to the interior of a dwelling. In addition to being made to the interior, reasonable modifications may also be made to public and common use areas such as widening entrances to fitness centers or laundry rooms, or for changes to exteriors of dwelling units such as installing a ramp at the entrance to a dwelling.

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Who must comply with the Fair Housing Act’s reasonable modification requirements?

Any person or entity engaging in prohibited conduct (i.e., refusing to allow an individual to make reasonable modifications when such modifications may be necessary to afford a person with a disability full enjoyment of the premises) may be held liable unless they fall within an exception to the Fair Housing Act’s coverage.

Courts have applied the Fair Housing Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning or other land-use decision. So the Fair Housing Act pretty much applies to everyone and every entity that is involved in the housing market.

It's important for all real estate professionals to remember that the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Who is Entitled to a Reasonable Modification Under the Fair Housing Act?

Persons who meet the Fair Housing Act’s definition of “person with a disability” may be entitled to a reasonable modification under the Act. However, there must be an identifiable relationship, or nexus, between the requested modification and the individual’s disability. If no such nexus exists, then the housing provider may refuse to allow the requested modification.

Example 1: A tenant, whose arthritis impairs the use of her hands and causes her substantial difficulty in using the doorknobs in her apartment, wishes to replace the doorknobs with levers. Since there is a relationship between the tenant’s disability and the requested modification and the modification is reasonable, the housing provider must allow her to make the modification at the tenant’s expense.

Example 2: A homeowner with a mobility disability asks the condo association to permit him to change his roofing from shaker shingles to clay tiles and fiberglass shingles because he alleges that the shingles are less fireproof and put him at greater risk during a fire. There is no evidence that the shingles permitted by the homeowner’s association provide inadequate fire protection and the person with the disability has not identified a nexus between his disability and the need for clay tiles and fiberglass shingles. The homeowner’s association is not required to permit the homeowner’s modification because the homeowner’s request is not reasonable and there is no nexus between the request and the disability.

It's important for all real estate professionals to remember that the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

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What kind of information, if any, may a housing provider request from a person with an obvious or known disability who is requesting an accommodation?

Question: What kinds of information, if any, may a housing provider request from a person with an obvious or known disability who is requesting a reasonable accommodation or reasonable modification?

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 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.

NOTE: Do not ask for specific information about the disability or for medical records!!

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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Michigan Real Estate Education and Licensing (www.123ConEd.com and www.1StopConEd.com))

Friday, October 23, 2009

Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act

Tuesday, June 2, 2009

A Few Examples of Illegal Housing Practices Against Persons with Disabilities Under the Fair Housing Act

Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act

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

Fair Housing Lawsuit Settled for $130,000 + Retrofitting Costs

Fair Housing Lawsuit Filed Against Town

Sunday, May 17, 2009

Fair Housing Act Lawsuit Filed Alleging Disability-Based Housing Discrimination

Tuesday, April 21, 2009

"Fundamental Allteration” under the Fair Housing Act

Are there any instances when a housing provider can deny a request for a reasonable accommodation without violating the Fair Housing Act?

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

Do Housing Providers Need to Have Formal Procedures in Place for Processing Fair Housing Requests?

Approval Needed Before Making Reasonable Modification of Rental Unit

Sunday, March 22, 2009

Who Must Comply with the Fair Housing Act?

Does an Apartment Complex with a Clearly Posted "No Pets" Policy Need to Allow Tenants with Service Animals?

What is Considerd a Service Animal Under Fair Housing Laws ?

Is a request for a parking space because of a physical disability a reasonable accommodation or a reasonable modification?

Are reasonable modifications restricted to the interior of a dwelling?

Who must comply with the Fair Housing Act’s reasonable modification requirements?

Who is Entitled to a Reasonable Modification Under the Fair Housing Act?

What kind of information, if any, may a housing provider request from a person with an obvious or known disability who is requesting an accommodation?

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