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U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity

U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity. Reasonable Accommodations and Modifications This training is based on the US Department of Housing and Urban Developments (HUD) Fair Housing Accessibility First Program

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U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity

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  1. U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity Reasonable Accommodations and Modifications This training is based on the US Department of Housing and Urban Developments (HUD) Fair Housing Accessibility FirstProgram content and is adapted and used with permission

  2. U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity • Making Housing Accessible • Through Accommodations • and Modifications

  3. Making Housing Accessible Through Accommodations and Modifications Introduction During this training session, we will discuss: The basic concepts of reasonable accommodations and modifications under the Fair Housing Act Accommodations and modifications under other federal disability rights laws Who is a person with a disability? The requirements for accommodations and modifications Typical accommodations Typical modifications

  4. Making Housing Accessible Through Accommodations and Modifications - Introduction • At the end of the session, you will: • Understand and apply some basic rules for accommodations and modifications • Recognize whether or not a particular request is an accommodation or a modification • Describe the basic rules to apply if a request is for an accommodation or for a modification • Recognize some typical requests for accommodations and modifications

  5. Overview of the Fair Housing Act’s Requirements Basic Principles of Reasonable Accommodations and Reasonable Modifications Meeting the Needs of Persons with Disabilities: Reasonable Accommodations Meeting the Needs of Persons with Disabilities: Reasonable Modifications Resources Making Housing Accessible Through Accommodations and Modifications Agenda

  6. Fair Housing Act was passed April 11, 1968 Assassination of Dr. Martin Luther King Jr. Nationwide Civil Disorders National Advisory Commission on Civil Disorders (Kerner Report) History of the Fair Housing Act

  7. History of the Fair Housing Act The Fair Housing Amendments Act of 1988 • Passed on September 13,1988 • Significantly increased administrative and civil enforcement authority • Extended coverage to: • families with children (Familial Status) • Persons with Disabilities (Handicap) • Introduced Design and Construction Requirements for “Covered Multifamily Dwellings

  8. The design and construction requirements apply to “covered multifamily dwellings” designed and constructed for first occupancy after March 13,1991 Units Covered by the Design and Construction Requirements

  9. “Covered multifamily dwellings” include: All dwelling units in buildings containing four or more units, with an elevator All ground floor units in buildings containing four or more units, without an elevator Units Covered by the Design and Construction Requirements

  10. What is Covered Housing in buildings with four or more units Constructed for first occupancy after March13, 1991 In elevator buildings, all units are covered In buildings without an elevator, only ground floor units are covered. What is Not Covered Detached single family houses Duplexes or triplexes Multistory townhouses without elevators Scoping Parameters of the Designand Construction Requirements

  11. Fair Housing Act- Seven Design and Construction Requirements • Accessible building entrance on an accessible route • Accessible and usable public and common use areas • Usable doors • Accessible routes into and through covered unit • Light switches, electrical outlets, thermostats, • and other environmental controls in • accessible locations • Reinforced walls in bathrooms for later • installation of grab bars • 7. Usable kitchens and bathrooms

  12. Apply to all housing transactions and to all kinds of housing Apply regardless of when the housing was constructed Require accommodations and permission for modifications that meet the needs of people with disabilities Other Key Fair Housing Act Requirements

  13. Reasonable accommodations are changes to usual policies, rules, practices, or services That may be needed by a person with a disability In order to benefit from housing Because of the disability Reasonable accommodation requirements apply to builders, developers, property managers, homeowners associations, and others engaged in housing-related activities Reasonable accommodations are paid for by the entity providing housing or housing services Reasonable Accommodation Requirements

  14. Reasonable modifications are structural changes to housing That may be needed by a person with a disability In order to benefit from the housing Because of the disability Reasonable modification requirements apply to builders, developers, property managers, homeowners associations and others engaged in housing related activities Reasonable modifications are paid for by the person with a disability, unless federal funding is involved. Reasonable ModificationRequirements

  15. SAME: Must be needed by a person with a disability because of the disability Must be reasonable Apply to builders, developers and architects as well as property managers DIFFERENT: Reasonable accommodations apply to policies, rules, procedures and services while reasonable modifications apply to structural changes The entity providing housing pays for accommodation; the person with a disability pays for modification Accommodations and Modifications: What are the Differences?

  16. Adding a ramp at the front door of a newly constructed single family house? Providing an accessible parking space? Verbally describing a plan to a blind person? Providing grab bars in a newly constructed condominium? Meeting a disabled applicant at an accessible location? Widening a bathroom door in a single family house? Communicating in writing during construction with a deaf purchaser? Changing your usual policies to permit a service animal to go on a house inspection? What are Accommodations andModifications?

  17. Other laws require similar kinds of accommodations and modifications: Section 504 of the 1973 Rehabilitation Act Americans with Disabilities Act, Title II (State and Local Government Program) Americans with Disabilities Act, Title III (Public Accommodations) Other Laws Also Address Accommodations and Modifications

  18. Overview of the Fair Housing Act’s Requirements Basic Principles of Reasonable Accommodations and Modifications Meeting the Needs of People with Disabilities: Reasonable Accommodations Meeting the Needs of People with Disabilities: Reasonable Modifications Resources Making Housing Accessible Through Accommodations and Modifications - Agenda

  19. The Fair Housing Act’s obligation to make reasonable accommodations and modifications is a legal obligation The context of the obligation is to meet the disability-related needs of customers so that they can have an equal opportunity to use and enjoy housing Meeting Disability-Related Needs

  20. Reasonable accommodations and modifications may benefit A buyer or renter with a disability A person with a disability who will live in the unit A person who is associated with a person with a disability Basic Principles for Accommodations And Modifications: Who Is Protected?

  21. The Fair Housing Act defines disability As having a physical or mental impairment that substantially limits one or more major life activities As having a history of such an impairment As being regarded as having such an impairment If the disability is obvious it need not be documented If the disability is not obvious, Supporting documentation may be required from a third party Who Is Disabled?

  22. Overview of the Fair Housing Act’s Requirements Basic Principles of Reasonable Accommodations and Modifications Meeting the Needs of People with Disabilities: Reasonable Accommodations Meeting the Needs of People with Disabilities: Reasonable Modifications Resources Making Housing Accessible Through Accommodations and Modifications - Agenda

  23. Reasonable Accommodations

  24. Requests for accommodations: May not be required in a particular format Are granted if they are practical and feasible May be denied if they: Impose undue financial and administrative hardship Constitute a fundamental alteration of the program Denials of Accommodation

  25. “If a landlord is skeptical of a tenant's alleged disability or the landlord's ability to provide an accommodation, it is incumbent upon the landlord to request documentation or open a dialogue.” Jankowski Lee & Associates v. Cisneros Opening a Dialogue

  26. Dos: Do respond with reasonable speed Do listen to what is being requested and why Do respond to the accommodation that is requested Do engage in an interactive process if necessary Don’ts: Don’t impose your own ideas about an accommodation; respond to what is requested Don’t impose conditions or fees on making the accommodation Reasonable Accommodation Tips

  27. Accommodation is for a person with a disability Documents or information confirming disability may be requested when the disability is not obvious Accommodation may be needed for the person to benefit from the housing Documents or information confirming the need for an accommodation may be requested when the need for accommodation is not obvious Accommodation is reasonable Accommodation is approved Approval is not delayed unreasonably or conditioned Reasonable Accommodation Checklist

  28. If an accommodation is QUESTIONED, an interactive process occurs If an accommodation is DENIED, it must be because the accommodation would be an undue financial and administrative hardship or a fundamental alteration of the program If an accommodation is DENIED, an interactive process must occur to identify alternatives Reasonable Accommodation Checklist

  29. Typical Accommodations in theBuilding Context

  30. Reasonable accommodations in parking include: Providing reserved or designated parking spaces Waiving first come, first served parking policy Waiving fee charged for parking near building Providing accessible parking spaces Providing van accessible parking spaces Providing striping, signage, curb cuts or ramps to access accessible parking spaces Parking Accommodations

  31. Parking Striping

  32. Accessible Parking Spaces

  33. Accessible Parking Curb ramp Signage 5’- 0” Min 8’- 0” Min Access aisle

  34. What are some other kinds of accommodations? Plan revisions for accessibility Providing materials in alternative formats Snow and ice removal What else? Other Typical Accommodations

  35. Overview of the Fair Housing Act’s Requirements Basic Principles of Reasonable Accommodations and Modifications Meeting the Needs of People with Disabilities: Reasonable Accommodations Meeting the Needs of People with Disabilities: Reasonable Modifications Resources Making Housing Accessible Through Accommodations and Modifications - Agenda

  36. Reasonable Modifications

  37. Reasonable Modifications

  38. Reasonable modifications: Are made to existing premises whether for sale or rental Must be permitted if they are: Done in a workmanlike manner All necessary permits are sought For the interior of rental units, restoration may be required, but wear and tear is excepted For the interior of rental units, if restoration is required, the reasonable costs of restoration may also be required and may be escrowed Restoration and costs of restoration may NOT be required for public and common use area modifications Reasonable Modifications in Review

  39. Congress provided some examples of reasonable modifications: Flashing light attached to doorbell (Hearing Impaired) Replacement of door knobs with lever hardware Installation of fold-back hinges on a door Installation of reinforcements in a bathroom wall, if the design and construction provisions did not already require them Construction of a ramp Installing a lower “peephole” in a door Modification Examples

  40. Resources About Modifications

  41. Accessible entrance at a unit entrance Key issues include: Accessible path Landing Step and threshold at doorway Width of door entrance Accessible route to the entrance Typical Modifications

  42. Entrance landing Threshold/step at door Width of door Door hardware Unit Entrance

  43. Gates and latches Swimming pool access Paths to beaches and recreational areas Playgrounds Modifications in Exterior Common Use Areas

  44. Rental or sales office access Elevators Modifications in Interior Common Use Areas

  45. Grab bar installation Roll-in showers Modifications Inside Unit

  46. Accessible smoke detectors and fire alarms Carpet Auxiliary aides, like lifts “Gray Areas”

  47. Overview of the Fair Housing Act’s Requirements Basic Principles of Reasonable Accommodations and Modifications Meeting the Needs of People with Disabilities: Reasonable Accommodations Meeting the Needs of People with Disabilities: Reasonable Modifications Resources Making Housing Accessible Through Accommodations and Modifications - Agenda

  48. Fair Housing Accessibility Resources Fair Housing AccessibilityFIRST Information Line 1-888-341-7781 V/TTY Fair Housing Accessibility FIRST Website www.FairHousingFIRST.org

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