SOUTH PORTLAND HOUSING AUTHORITY REASONABLE ACCOMMODATION POLICY

Transcription

1 SOUTH PORTLAND HOUSING AUTHORITY REASONABLE ACCOMMODATION POLICY Sometimes people with disabilities may need a reasonable accommodation in order to take full advantage of the SOUTH PORTLAND Housing Authority housing programs and related services. When such accommodations are granted, they do not confer special treatment or advantage for the person with a disability, rather, they make the program fully accessible to them in a way that would otherwise not be possible due to their disability. It is the policy of the SOUTH PORTLAND Housing Authority to be in full compliance with all requirements of the Federal Fair Housing Act (FHA), the Americans with Disabilities Act (ADA) and Rehabilitation Act of 1973, as well as the Maine Human Rights Act (MHRA). The Fair Housing Act and Maine Human Rights Act require housing providers to provide reasonable accommodations to the limitations of disabled residents. The Americans with Disabilities Act requires state and local governments and their instrumentalities, including housing providers, to provide reasonable accommodations to disabled residents. Section 504 of the Rehabilitation Act requires any program that receives federal funds to provide reasonable accommodations to disabled participants and forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. A resident may be disabled under the MHRA if he or she has a condition that meets the following definitions of a disability: Maine Human Rights Act definition (5 M.R.S.A 4553-A) A. Physical or mental disability, defined. Physical or mental disability means: A. A physical or mental impairment that: 1. Substantially limits one or more of a person s major life activities; 2. Significantly impairs physical or mental health; 3. Requires special education, vocational rehabilitation or related services; B. Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn s disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson s disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury.

2 C. C. With respect to an individual, having a record of any of the conditions in paragraph A or B; or D. With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B. In general, a reasonable accommodation is a modification in the rules, policies, practices, or services of a housing provider that is necessary to afford a disabled resident an equal opportunity to use and enjoy a dwelling. The Authority s reasonable accommodation policy is designed to ensure that a resident with a disability is provided with the modifications or accommodations that are necessary to allow the resident to enjoy equal access to our housing programs and related services. Our residents will be informed of the availability of our accommodation process through notices on appropriate Authority forms and letters, including but not limited to at the time of application and lease signing, and at the time of the annual lease renewal. A request for reasonable accommodation can be made by the resident with the disability, a family member, or someone else acting on the individual s behalf. The Authority shall make available to all persons applying for residency at the Authority, or who are currently residents, notice of the option to request a reasonable accommodation. The process for making such requests shall be accessible to all persons so an individual can understand, in a format that is appropriate to meet the needs of the individual s disability. The Authority shall post this Policy and the related forms on its website. The accommodation request can be made orally or in writing. If the request is made orally, it will be reduced to writing by the Authority and then reviewed with the individual requesting the accommodation for accuracy prior to submitting the request for consideration. The following procedures will be followed by Authority representatives in implementing our reasonable accommodation policy: All requests for reasonable accommodation received by a staff person will be conveyed to the Deputy Director. Upon receipt of the request, the Deputy Director will forward the accommodation request to the Fair Housing Coordinator. Upon the Fair Housing Coordinator s receipt of the accommodation request, a letter will be sent to the individual confirming receipt of the request. Along with the confirmation letter, the Fair Housing Coordinator will enclose a REASONABLE ACCOMMODATIONS VERIFICATION FORM and RELEASE OF INFORMATION along with a CONTACT INFORMATION FORM for the resident to provide an authorization for a medical provider to verify the resident s disability and need for an accommodation as necessary or to determine whether a reasonable accommodation is needed.

3 In the event a verification form is needed to determine the existence of a disability, once it is received from the medical provider, the Fair Housing Coordinator may request further information concerning the need for an accommodation, and he or she will consult with the resident and if necessary, the resident s medical provider(s), as well as any other individual with relevant information concerning the requested accommodation. Any meeting concerning the request shall be held in a location accessible to the individual. A decision to grant or deny a reasonable accommodation will be made by the Fair Housing Coordinator in consultation with the Deputy Director and the Executive Director of the Authority within 20 days from which the request was submitted, or if applicable, within 20 days after receipt of additional information. A reasonable accommodation or modification request may be denied if it would impose an undue hardship or burden on the entity making the accommodation. If the individual s requested accommodation would, based on objective evidence, pose a direct threat to the health or safety of others, or result in substantial physical damage to property of others, the Authority need not grant the accommodation. If the request is denied, on the grounds of administrative or financial burden, or fundamental alteration of the housing program, the resident and/or the SOUTH PORTLAND Housing Authority may open a dialog so that negotiation and discussion of a reasonable accommodation is an interactive process. The Authority is entitled to propose different accommodations or modifications that it believes are less costly or administratively burdensome and equally effective in removing barriers to tenancy. The cost of providing the accommodation, including requests for physical modifications, will normally be borne by the Authority. However, if another party or entity agrees to pay for the modification, the Authority will seek to have that entity pay for any restoration costs, if necessary. If a resident/program participant requests that he or she be permitted to make physical modifications to a residential unit at his or her expense as a reasonable accommodation, the Authority will generally approve such requests if they do not violate codes or impact the structural integrity of the unit. All decisions made by the Authority on a reasonable accommodation request shall be kept confidential except insofar as disclosure is necessary to implement an approved accommodation. Any denial of an individual s request for reasonable accommodation shall explained to the individual, in writing, the basis for the decision and the reason(s) why the request is being denied. The individual shall also be informed of his or her right to request in writing, an informal hearing on the decision by the Fair Housing Coordinator.

4 REASONABLE ACCOMMODATION REQUEST FORM The South Portland Housing Authority is committed to the letter and spirit of the Fair Housing Act and Maine Human Rights Act, which, among other things, prohibits discrimination against persons with disabilities. In accordance with our statutory responsibilities and management policies, we will make reasonable accommodations in our rules, policies, practices, or services, when such accommodations are necessary to afford persons with disabilities an equal opportunity to use and enjoy their housing communities. If you are requesting such an accommodation, please fill out this form. Name: Date: Address: RE: Please describe the accommodation you are requesting: Do you consider yourself or a family member to be disabled as defined below? Yes No Maine Human Rights Act definition (5 M.R.S.A 4553-A): 1. Physical or mental disability, defined. Physical or mental disability means: A. A physical or mental impairment that: 1. Substantially limits one or more of a person s major life activities; 2. Significantly impairs physical or mental health; 3. Requires special education, vocational rehabilitation or related services; B. Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn s disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson s disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury. C. With respect to an individual, having a record of any of the conditions in paragraph A or B; or

5 D. With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B. 2. Additional terms. For purpose of this section: A. The existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids or prosthetic devices; and B. Significantly impairs physical or mental health means having an actual or expected duration of more than 6 months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population. 3. Exceptions. Physical or mental disability does not include: A. Pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking; B. Any condition covered under section 5 M.R.S.A 4553, subsection 9-C; or C. Psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who: 1. Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in such use; 2. Is participating in a supervised rehabilitation program and is no longer engaging in such use; 3. Is erroneously regarded as engaging in such use, but is not engaging in such use. 4. In the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment. Please provide the contact information for a professional third party verifier to whom we will send a verification form. Name: Agency/Organization: Address: Position: City, State Zip: Phone #: I give you permission to contact the above individual for purposes of verifying that a family member or I need the reasonable accommodation requested above. Signed: Date: