An o verview of reasonable accommodations documentation requirements direct threat analysis and common FAQs PRESENTERS PROTECTED CLASSES The Equal Access Rule state laws and local ordinances provide additional protections ID: 714921
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Reasonable Accommodations with an Emphasis on Assistance Animals
An
o
verview of reasonable accommodations, documentation requirements, direct threat analysis and common FAQsSlide2
PRESENTERSSlide3
PROTECTED CLASSES
*The Equal Access Rule, state laws and local ordinances provide additional protections Slide4
DISABILITY DEFINED Slide5
THE FAIR HOUSING ACT VS THE ADA The Fair Housing Act
Title VIII of the Civil Rights Act of 1968 Prohibits discrimination in the sale, rental and financing of dwellings based on membership in a protected class Allows the use of SERVICE ANIMALS + EMOTIONAL SUPPORT ANIMALS The Americans with Disabilities Act
Applies to places of public accommodation and commercial facilities Title III covers public and common use areas of housing developments Title II applies to all programs, services and activities provided or made available by public entities Allows the use of SERVICE ANIMALS Slide6
WHAT IS A REASONABLE ACCOMMODATION?
A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spacesSlide7
COMMONLY REQUESTED REASONABLE ACCOMMODATIONS Slide8
HOW ARE REASONABLE ACCOMMODATIONS REQUESTED? Slide9
WHEN CAN A REASONABLE ACCOMMODATION REQUEST BE MADE?
At eviction Slide10
WHO CAN REQUEST A REASONABLE ACCOMMODATION?
Applicants, residents and/or participants of:
Applicants or tenants in privately owned properties if the landlord owns the required number of properties under state or federal lawSlide11
CAN A REASONABLE ACCOMMODATION BE DENIED?
A housing provider can deny a request if:
The request was not made by or on behalf of a person with a disability
There is no disability-related need for the accommodation
The request is not REASONABLE (undue financial and administrative burden)
The request would fundamentally alter the nature of the provider’s operations
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WHAT IS AN ASSISTANCE ANIMAL? Slide13
ARE THERE ANY REQUIREMENTS FOR ASSISTANCE ANIMALS UNDER THE FAIR HOUSING ACT? Slide14
EXAMPLES OF ASSISTANCE ANIMALS Slide15
EXAMPLES OF ASSISTANCE ANIMALS Slide16
WHAT TYPE OF DOCUMENTATION CAN BE REQUIRED? Obvious or Known Disability + Need for Accommodation is Also Apparent or Known
No additional information about the requester’s disability or the disability-related need Disability is Not Obvious
Housing provider may request reliable disability-related information that: Is necessary to verify the person meets the Act’s definition of disabilityDescribes the needed accommodation
Shows the relationship between the person’s disability and the need for the requested accommodation Slide17
Emotional support animals + Documentation Slide18
Emotional support animals + DocumentationSlide19
Emotional support animals + DocumentationSlide20
Emotional support animals + DocumentationSlide21
WHO CAN PROVIDE DOCUMENTATION? Slide22
CONDITIONS & COSTS Slide23
DIRECT THREAT ANALYSISSlide24
ANY QUESTIONS?