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
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PITTSBURGH FHEO PRESENTSSlide2
REASONABLE ACCOMMODATIONSSlide3
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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
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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
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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
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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
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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
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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
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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
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EXCLUSIONS (cont’d)
Disability does not include:
Homosexuality
Transvestism
Transexualism
Pedophilia
Exhibitionism
Voyeurism
Gender identity disorders (unless resulting from a physical impairment) Slide12
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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
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Common Requests Seen
Assistance Animals
Parking
spaces
Larger
Units
Grab Bars
Roll-in Showers
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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
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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
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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
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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
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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
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Questions on Reasonable Accommodations?
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