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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - PowerPoint Presentation

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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - PPT Presentation

PITTSBURGH FHEO PRESENTS REASONABLE ACCOMMODATIONS HUD FHEO Pittsburgh 3 Reasonable Accommodations General Purpose of Reasonable Accommodations Applicable Laws HUDs regulations Whos eligible for an accommodation ID: 319114

fheo hud disability pittsburgh hud fheo pittsburgh disability request reasonable definition impairment major life cont

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Slide1

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PITTSBURGH FHEO PRESENTSSlide2

REASONABLE ACCOMMODATIONSSlide3

HUD FHEO Pittsburgh

3

Reasonable Accommodations

General Purpose of Reasonable Accommodations

Applicable Laws

HUD’s regulations

Who’s eligible for an accommodation?

Key Definitions – must meet the definition of disabled

Logical Nexus -- connection between disability and request

Verification Process

Interactive Process

Acceptable reasons for denialSlide4

The mind of the bigot is like the pupil of the eye; the more light you pour upon it, the more it will contract.

Oliver Wendell Holmes

HUD FHEO Pittsburgh

4Slide5

Applicable Laws and Regulations

Fair Housing Act – 42 U.S.C. Sec. 3604(f)(3)

Regulation: 24 CFR Sec. 100.204

Section 504 -- 29 U.S.C. Section 794(a)

Regulation: 24 CFR Sec. 8.33

Additional Guidance: HUD/DOJ Joint Statement on Reasonable Accommodations

FHEO Notice 2013-01: Service Animals and Assistance Animals for persons with disabilities

HUD FHEO Pittsburgh

5Slide6

HUD FHEO Pittsburgh

6

Definition of Disability

“Individual with a disability”

Physical or mental impairment that “substantially limits” one or more major life activities

Has a record of such impairment

Is regarded as having such an impairmentSlide7

HUD FHEO Pittsburgh

7

Definition of Disability (cont’d))

“Substantially limits”

Unable to perform a major life activity that the average person can perform; or

Significantly restricted in performing a major life activity as compared to the average person’s performance of that major life activity Slide8

HUD FHEO Pittsburgh

8

Definition of Disability (cont’d)

Factors to consider in determining substantial limitation:

The nature of the impairment

The duration or expected duration of the impairment

The actual or expected permanent or long term impact resulting from the impairment

Recent changes in definitions under the ADA

Transitory – six months

Episodic – disability if meets the definition when active

Corrective measures – meds, etc.; eyeglasses exceptedSlide9

HUD FHEO Pittsburgh

9

Definition of Disability (cont’d)

“Major life activity”

functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working

Illustrative, not exclusive

Examples of other possible major life activitiesSlide10

HUD FHEO Pittsburgh

10

Exclusions

Currently using drugs illegally, when the covered entity acts on that basis

Persons who are recovering addicts

HUD program regulations based on occupancy requirements will take precedence – remember, the disabled person has to be “otherwise qualified” for the program.

Persons not presently using drugs but formerly addicted are considered disabled. Evidence of completion of rehabilitation/treatment is evidence of the underlying disabilitySlide11

HUD FHEO Pittsburgh

11

EXCLUSIONS (cont’d)

Disability does not include:

Homosexuality

Transvestism

Transexualism

Pedophilia

Exhibitionism

Voyeurism

Gender identity disorders (unless resulting from a physical impairment) Slide12

HUD FHEO Pittsburgh

12

EXCLUSIONS (cont’d)

Other sexual behavior disorders

Compulsive gambling

Kleptomania

Pyromania

“Psychoactive substance abuse disorders resulting from current illegal use of drugs”Slide13

Definition of Reasonable Accommodation

Generally, any disability-related request asking for non-standard treatment

Fair Housing Act vs. Section 504

Physical Modifications distinguished in FHA, not in Section 504

HUD FHEO Pittsburgh

13Slide14

Common Requests Seen

Assistance Animals

Parking

spaces

Larger

Units

Grab Bars

Roll-in Showers

HUD FHEO Pittsburgh

14Slide15

Receiving the

Accommodation Request

Can be verbal or written

Cannot insist on a written request, but can request them to provide one

Best practice: Draft a memorandum to the record if the request is verbal.

Request can be made to any employee

Maintenance sometimes has first contact

HUD FHEO Pittsburgh

15Slide16

Verifying the Disability

and the Nexus

Obvious disability or nexus – no need

If you need to verify:

Accept all evidence offered, then evaluate

Do not insist on evidence from a “professional”

Do not insist on a waiver/release – may offer that, but can’t insist upon it

Don’t use oath or perjury warnings

Don’t insist on a particular form -- again, may offer but cannot insist

HUD FHEO Pittsburgh

16Slide17

The Interactive Process

Derived from ADA Title I regulations – HUD/DOJ Joint Statement (May 17, 2004)

Envisions reasonable negotiation to determine an appropriate reasonable accommodation

Entitled to the accommodation they request, so long as it doesn’t constitute a financial and administrative burden or a fundamental alteration of your program

HUD FHEO Pittsburgh

17Slide18

Denying a Request

Does not meet the definition of disabled

Has not verified a non-obvious disability

Fundamental alteration of your program

Examples: medical equipment, shopping, housekeeping

Administrative and financial burden – case-by-case determination

Example – will have UFAS unit in two months; no need to completely modify another unit

HUD FHEO Pittsburgh

18Slide19

Denying a Request (cont’d)

Provide a written determination stating why the request was denied

Constructive denial

Justice delayed is justice denied

Too much time passes without any word or progress

HUD FHEO Pittsburgh

19Slide20

Questions on Reasonable Accommodations?

HUD FHEO Pittsburgh

20