REASONABLE ACCOMMODATION & MODIFICATION

Transcription

1 RBD does not act as a legal advisor nor as a regulatory governing agency. The recipient should understand that any materials or comments contained herein are not designed for, nor should be relied upon as a source of legal guidance or as a final authority with respect to any particular circumstance. Ross Business Development, Inc. makes no warranty of merchantability or fitness for a particular purpose or any other warranty of any type. Owners and management should seek competent legal advice in developing and carrying out policies and procedures. While we have been diligent in our efforts to provide comprehensive and accurate regulatory information, Ross Business Development, Inc. shall not be responsible for errors or inaccuracies. REASONABLE ACCOMMODATION & MODIFICATION HUD does not provide HUD approved Policy. This is a sample that includes various options that can be excluded or included to represent your own management practices. If you plan to use this sample, IT MUST BE EDITED TO CONFORM TO YOUR MANAGEMENT COMPANY S POLICY AND PROCEDURE. THESE DOCUMENTS AND ASSOCIATED FORMS CANNOT BE USED AS IS SINCE MULTIPLE OPTIONS ARE INCLUDED IN. REVIEW BY LEGAL COUNSEL IS STRONGLY RECOMMENDED. The material contained in this document is not comprehensive of the continually emerging issues surrounding policies in HUD s multi-family housing program. Handbook guidance is derived from The HUD Handbook Rev 1 Change 4 released in 2013 and subsequent notices. Local laws and ordinances are not considered. RBD makes no warranty to the usability, compliance or legality of this document. All documents should be reviewed and edited by management staff and legal counsel as appropriate. Implementation of the Policy may require edits to other policies and documents as well. Examples include Resident Selection Plans and Applications. The Samples are just that. Fair Housing logos, 504 language and Title 18 language may be required to make these documents compliant. Please see the separate complete documents for versions that can be used when communicating with residents and applicants. This sample policy was created using information available as of 1/2015. Regulatory changes may drive changes to this sample or to your final document. All references to RBD should be removed once edits are complete Page 0 of 8 revised 12/2015

2 SAMPLE REASONABLE ACCOMMODATION & MODIFICATION POLICY File Name: Sample Policy Reas Acc Mod Update 12/2015. To ensure compliance with the Fair Housing Act and with Section 504 of the Rehabilitation Act of 1973, HUD strongly recommends that owner/agents develop and implement a Reasonable Accommodation and Modification Policy. For information about Reasonable Accommodations and Modifications, owner/agents should refer to HH , Revision 1, Chapter 2 and to the HUD/DOJ Joint Statements regarding. RBD strongly recommends review of the HUD/DOJ joint statements regarding reasonable accommodations. and File Name: HUD DOJ statement accom File Name: HUD DOJ statement mod File Name: HUD DOJ statement construction This sample policy was designed to help owner/agents define and communicate the requirements for HUD multifamily properties. The document must be edited to conform to owner/agent s policies before implementation. Review of the final document, by legal counsel familiar with local tenant/landlord requirements and familiar with fair housing law, is STRONGLY recommended. SAMPLE ASSISTANCE ANIMAL RULES File Name: Sample Lease Attach Assistance Animal Rules Update 12/2015. Assistance animals are not pets. They are animals that work, provide assistance, or perform tasks for the benefit of a person with a disability, or animals that provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance animals often referred to as service animals, "assistance animals," support animals, companion animals or therapy animals perform many disability-related functions. See HH R1, Paragraph 2-44 for more information about assistance animals. REASONABLE ACCOMMODATION/MODIFICATION SAMPLE REASONABLE ACCOMMODATION/MODIFICATION RECORD File Name: Sample Record Reas Accom Record Use this form to create a recap of your response to a reasonable accommodation/modification request. This can be used to monitor site staff compliance with the Policy. SAMPLE REQUEST FOR REASONABLE ACCOMMODATION OR MODIFICATION File Name: Sample Reas Acc Mod Request Update 12/2015. Applicants and/or residents can use this form to request a reasonable accommodation and/or modification. Owner/agents must not require written requests and must accept requests in any reasonable format (orally, via , etc.) Page 1 of 8 revised 12/2015

3 SAMPLE REASONABLE ACCOMMODATION/MODIFICATION APPROVAL File Name: Sample Notice Reas Acc Mod Approval This document can be used to notify and applicant or resident that a requested a reasonable accommodation or modification has been approved. SAMPLE REASONABLE ACCOMMODATION/MODIFICATION REQUEST FOR MEETING File Name: Sample Notice Reas Acc Mod Request for Meeting This document can be used to request a meeting with an applicant or resident who has requested a reasonable accommodation or modification. SAMPLE REQUEST FOR ADDITIONAL INFORMATION OR VERIFICATION REASONABLE ACCOMMODATION/MODIFICATION File Name: Sample Notice Reas Acc Mod Request Addl Info This document can be used to notify and applicant or resident that you need additional information regarding a requested a reasonable accommodation or modification. SAMPLE REASONABLE ACCOMMODATION/MODIFICATION DENIAL File Name: Sample Notice Reas Acc Mod Request Denial This document can be used to notify an applicant or resident that a requested a reasonable accommodation or modification has been denied. SAMPLE REASONABLE ACCOMMODATION/MODIFICATION DENIAL - SNOWBIRD File Name: Sample Notice Reas Acc Mod Request Denial Snowbird Added 12/2015. This document can be used to notify an applicant or resident that a requested a reasonable accommodation to allow the resident to establish a different residence for part of the year has been denied. REASONABLE ACCOMMODATION/MODIFICATION VERIFICATION FORMS SAMPLE VERIFICATION - DISABILITY AND NEED - REASONABLE ACCOMMODATION OR MODIFICATION File Name: Sample Verification Disability Need Reas Acc Mod Update 12/2015. This form is designed to be used for verification of disability to provide a reasonable accommodation. Please keep in mind that this sample asks for verification of the disability and the need for the accommodation. If the disability is obvious or known, the disability should not be verified. If the need for the accommodation is obvious or known, the need should not be verified. Refer to the HUD/DOJ joint statements. SAMPLE VERIFICATION NEED FOR REASONABLE ACCOMMODATION/MODIFICATION File Name: Sample Verification Need Reas Acc Mod Update 12/2015. Please keep in mind that this sample is used to verify only the need for the accommodation. If the disability is obvious or known, the disability should not be verified. If the need for the accommodation is obvious or known, the need should not be verified. Refer to the HUD/DOJ joint statements. SAMPLE VERIFICATION DISABILITY AND NEED FOR E-CIGARETTES File Name: Sample Verification Disability Need ECigarettes Update 12/2015. You can use this form if the disability is not known or obvious and you need to verify the need for use of e-cigarettes. Page 2 of 8 revised 12/2015

4 SAMPLE VERIFICATION NEED FOR E-CIGARETTES File Name: Sample Verification Need ECigarettes Update 12/2015. You can use this form if the disability is not known or obvious and you need to verify the need for use of e-cigarettes. SAMPLE VERIFICATION DISABILITY AND NEED FOR AN ASSISTANCE ANIMAL File Name: Sample Verification Disability Need Asst Animal Update 12/2015. This document can be used to verify disability AND the need for the assistance animal. If the disability is already known or verified, use alternative verification. This form was designed for use on a property that allows pets. SAMPLE VERIFICATION NEED FOR AN ASSISTANCE ANIMAL File Name: Sample Verification Need Asst Animal Update 12/2015. This document can be used to verify the need for the assistance animal when the disability is known or obvious. SAMPLE VERIFICATION DISABILITY AND NEED FOR AN ASSISTANCE ANIMAL - NO PETS File Name: Sample Verification Disability Need Asst Animal No Pets Update 12/2015. This document can be used to verify disability AND the need for the assistance animal. If the disability is already known or verified, use alternative verification. This form was designed for use on a property that does not allow pets. SAMPLE VERIFICATION NEED FOR AN ASSISTANCE ANIMAL - NO PETS File Name: Sample Verification Need Asst Animal No Pets Update 12/2015. This document can be used to verify disability AND the need for the assistance animal. If the disability is already known or verified, use alternative verification. This form was designed for use on a property that does not allow pets. SAMPLE VERIFICATION DISABILITY AND NEED FOR A COMPANION ANIMAL File Name: Sample Verification Disability Need Companion Animal Update 12/2015. This verification form is specific to companion animals. This form can be used when there is a need to verify both the disability and the need for the companion animal. SAMPLE VERIFICATION NEED FOR A COMPANION ANIMAL File Name: Sample Verification Need Companion Animal Update 12/2015. This verification form is specific to companion animals. This form can be used when the disability is known but the need for the companion animal is not known. SAMPLE VERIFICATION DISABILITY AND NEED FOR A COMPANION ANIMAL PLUS PET File Name: Sample Verification Disability Need Companion Animal Plus Pet Update 12/2015. This verification form is specific to companion animals. This form can be used when there is a need to verify both the disability and the need for the companion animal. This form has been designed for use when the resident has two animals and wishes to identify one as an assistance animal. SAMPLE VERIFICATION NEED FOR A COMPANION ANIMAL PLUS PET File Name: Sample Verification Need Companion Animal Plus Pet Update 12/2015. This verification form is specific to companion animals. This form can be used when the disability is known but the need for the companion animal is not known. This form has been designed for use when the resident has two animals and wishes to identify one as an assistance animal. Page 3 of 8 revised 12/2015

5 SAMPLE VERIFICATION DISABILITY AND NEED FOR ASSIGNED PARKING File Name: Sample Verification Disability Need Assigned Parking Update 12/2015. This verification form used to verify disability and the need for assigned parking close to a building entry. This form can be used when there is a need to verify both the disability and the need for the assigned parking. SAMPLE VERIFICATION NEED FOR ASSIGNED PARKING File Name: Sample Verification Need Assigned Parking Update 12/2015. This verification form used to verify disability and the need for assigned parking close to a building entry. This form can be used when the disability is known but the need for assigned parking is not obvious or previously known. SAMPLE VERIFICATION DISABILITY AND NEED FOR DISHWASHER File Name: Sample Verification Disability Need Dishwasher Update 12/2015. This verification form used to verify disability and the need for assigned parking close to a building entry. This form can be used when there is a need to verify both the disability and the need for the assigned parking. SAMPLE VERIFICATION NEED FOR DISHWASHER File Name: Sample Verification Need Dishwasher Update 12/2015. This verification form used to verify disability and the need for assigned parking close to a building entry. This form can be used when the disability is known but the need for assigned parking is not obvious or previously known. SAMPLE VERIFICATION DISABILITY AND NEED FOR WASHER/DRYER File Name: Sample Verification Disability Need Washer Dryer Added 12/2015. This verification form used to verify disability and the need for an in unit washer/dryer. This form can be used when there is a need to verify both the disability and the need for the assigned parking. SAMPLE VERIFICATION NEED FOR WASHER/DRYER File Name: Sample Verification Need Washer Dryer Added 12/2015. This verification form used to verify disability and the need for an in unit washer/dryer. This form can be used when the disability is known but the need for assigned parking is not obvious or previously known. SAMPLE VERIFICATION DISABILITY AND NEED FOR ALTERNATIVE FLOORING File Name: Sample Verification Disability Need Flooring Update 12/2015. This verification form used to verify disability and the need for replacement of carpet in a unit This form can be used when there is a need to verify both the disability and the need for the replacement of carpet in a unit. SAMPLE VERIFICATION NEED FOR ALTERNATIVE FLOORING File Name: Sample Verification Need Flooring Update 12/2015. This verification form used to verify disability and the need for replacement of carpet in a unit. This form can be used when the disability is known but the need for replacement of carpet in a unit is not obvious or previously known. Page 4 of 8 revised 12/2015

6 SAMPLE VERIFICATION DISABILITY AND NEED FOR ALTERED BATHTUB File Name: Sample Verification Disability Need Altered Bath Added 12/2015. This verification form used to verify disability and the need for modifying a bathtub in an existing unit. This form can be used when there is a need to verify both the disability and the need for the replacement of carpet in a unit. SAMPLE VERIFICATION NEED FOR ALTERED BATHTUB File Name: Sample Verification Need Altered Bath Added 12/2015. This verification form used to verify disability and the need for need for modifying a bathtub in an existing unit. This form can be used when the disability is known but the need for replacement of carpet in a unit is not obvious or previously known. SAMPLE VERIFICATION NEED FOR AN ACCESSIBLE UNIT File Name: Sample Verification Need Accessible Unit This form is designed to be used for verification of the need for an accessible unit or accessible features. LIVE-IN AIDES SAMPLE LIVE-IN AIDE QUESTIONNAIRE: File Name: Sample Application Live In Aide HUD does not provide nor require a live-in aide questionnaire. This is a sample. This serves as an application for someone who wishes to live on the property as a live-in aide. It has been designed to ensure that 1) the person meets HUD s definition of a live-in aide 2) that the person can be screened and 2) that the person understands the property rules and the rules of tenancy. This form was updated 10/2013 to include references to the latest HUD Handbook Revision 1. SAMPLE VERIFICATION - NEED FOR LIVE-IN AIDE File Name: Sample Verification Need Live in Aide This can be used as part of the verification process when an applicant indicates a need for a live-in aide. For information about Live-in aides refer to HH R1, Paragraph 3-6. SAMPLE LIVE-IN AIDE ADDENDUM File Name: Sample Addendum Live in Aide This is a sample Live-in Aide addendum which explains that the live-in aide must abide by the House Rules. This sample also informs the live-in aide that he/she has no rights to the unit as a remaining household member. See HH R1, Paragraph 6-5 and 3-16 for additional information. ANIMAL FORMS SAMPLE - ANIMAL REGISTRATION MAMMAL File Name: Sample Animal Registration Mammal Update 12/2015. This sample animal registration allows residents to request that an animal is allowed in a unit. This can be used for pets and assistance animals. This form is specifically for mammals such as dogs, cats, rabbits, etc. Page 5 of 8 revised 12/2015

7 SAMPLE - ANIMAL REGISTRATION OTHER File Name: Sample Animal Registration Other This sample animal registration allows residents to request that an animal is allowed in a unit. This can be used for pets and assistance animals. This form is specifically for other pets such as birds, fish, turtles, etc. SECTION 504 SAMPLE SECTION 504 CONTACT INFORMATION File Name: Sample Section 504 Coordinator Contact This document can be used to post the contact information for your Section 504 Coordinator on the property bulletin board so that residents know who to contact if they questions or concerns relating to Section 504 protections for people with disabilities. See HH R1, Paragraphs 2-28 and 2-29 for additional information explaining HUD s Section 504 requirements. SECTION 504 GRIEVANCE POLICY File Name: Sample Section 504 Grievance Policy Owner/agents are required to develop and implement a written Section 504 Grievance Policy. You will be asked for a copy of your 504 Grievance Policy as part of your Management & Occupancy Review. Refer to HUD Form 9834 Addendum B. MISCELLANEOUS HUD REFERENCES FINAL RULE PET OWNERSHIP FOR THE ELDERLY AND DISABLED File Name: Final Rule Pet Ownership Elderly and Disab This Final Rule discusses pet ownership for residents in properties set aside for people who are elderly or for people with disabilities. HUD FHEO-NOTICE SERVICE ANIMALS AND ASSISTANCE ANIMALS PWD IN HOUSING AND HUD FUNDED PROGRAMS File Name: FHEO ServiceAssistanceAnimals This notice explains certain obligations of housing providers under the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOJ) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service animal" under the ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHA or Section 504. HUD MEMO MEDICAL MARIJUANA AND USE IN MULTI-FAMILY HOUSING 2015 File Name: HUD Memo Marijuana in MF properties This HUD memo discusses HUD s ruling prohibiting use of marijuana in public housing even when use of marijuana is legal in the city where the property is located. HUD MEMO MEDICAL MARIJUANA AND REASONABLE ACCOMMODATION 2011 File Name: HUD Med Marijuana and Reas Accom 2011 This HUD memo discusses requests to use medical marijuana as a reasonable accommodation. Page 6 of 8 revised 12/2015

8 SECTION 504 NOTICES, REGULATIONS AND SUPPORTIVE DOCUMENTS HUD s Section 504 Web site is part of HUD's effort to help ensure that its programs are accessible to everyone. This web site makes information concerning Section 504 available: its requirements, the rights it gives persons with disabilities, and how the law protects those rights. For further information on the coverage for persons with disabilities and the responsibilities and roles of HUD recipients, please review the information available on this site. LIMITED ENGLISH PROFICIENCY GUIDANCE This Final Rule published in 2007 provides guidance for complying with HUD s Limited English Proficiency Guidelines. This link provides you with HUD s answers to frequently asked questions in regards to LEP. Page 7 of 8 revised 12/2015