Transcript Reasonable Accommodation Requests and Housing

Housing Rights for Tenants
with Disabilities
NAVNEET GREWAL
NATIONAL HOUSING LAW PROJECT
LAAC FRESNO TRAVELING TRAINING
NOVEMBER 17, 2009
www.nhlp.org
Goals
 Identify when a reasonable accommodation may be
requested
 How to request a reasonable accommodation
 Enforcement Options
Statistics
 41% of families living in federally assisted housing have at
least one family member who is disabled.
 41,101,667 people with disabilities
 2007 American Community Survey:
Overview and Rules
Obstacles to Obtaining Housing
 Poor credit history related to disability
 Lack of accessible units
 Housing provider has a no-pets policy
 Limited mobility prevents applicant from coming to
housing authority for interview
 Inability to find an accessible unit within a voucher
payment standard
 Inability find a unit within the time from allotted by
the housing authority
Obstacles to Maintaining Housing
 Missing Rent Payments
 Hoarding/Clutter
 Threatening behavior towards others
 Requesting a live-in aide
 Denials of portability
 Denials of transfers
 Missing recertification appointments
 Missing housing inspections
How to Access Housing
7
 If a tenant has an obstacle to obtaining or
maintaining housing because of a disability, the
tenant can request a reasonable
accommodation.
 A reasonable accommodation is a change in a rule,
policy, practice, or service that may be necessary to
allow a person with a disability the equal opportunity
to use and enjoy a dwelling.
Sources of Law
 FHA: 42 U.S.C. § § 3604, et seq
 Section 504 of Rehabilitation
Act: 29 U.S.C. § 794
 ADA 42 U.S.C. §§ 12131 et seq (and ADAAA)

CA Laws: FEHA, Unruh,
CDPA, CA Gov’t Code §11135
When Must a Housing Provider Grant a Request?
9
When a qualified person with a disability makes
a request that is:
NECESSARY + REASONABLE =
MUST GRANT ACCOMMODATION
Qualified Person with a Disability (Federal)
10
 Any person who:
 has a physical or mental impairment that substantially limits
one or more major life activities;
 has a record of such impairment; or
 is regarded as having such an impairment
 A current illegal user of a controlled substance is not disabled
for the purposes of reasonable accommodation. However, an
individual with a disability can include someone who has
successfully completed a drug rehabilitation program, is
currently in such a program, or is mistakenly regarded as
engaging in illegal drug use.
Necessary
 Frees the tenant from a rule, policy, or practice that
interferes with the person’s right to use and enjoy the
dwelling.
 Enhances the person’s quality of life by ameliorating the
effects of the disability.
 Enables the tenant to satisfy the essential requirements
of tenancy.
Reasonable
12
 No undue financial or administrative




burden
Can not fundamentally alter the nature of the
program.
Considerations for undue financial burden: benefit
to tenant, costs, financial resources, and
availability of less expensive accommodation.
Will often cause at least some financial burden.
Fundamental Alteration: the request would
require the provider to change the nature of the
services it provides
Direct Threat
13
 An accommodation may be denied if the tenant
poses a direct threat to the health and safety of
others. This must be objective, not subjective.
 Must look at nature, duration, severity of risk of
injury, probability injury will occur, any
accommodations that could eliminate the direct
threat.
Making a Request
Making a Request
15
 Disability: State that the tenant has a disability.
It does NOT need to say the name of the disability
and provider can not ask for medical records.
 Accommodation: The request should state what
accommodation the tenant is looking for.
 Nexus: The request should state how the
accommodation is related to the person’s disability
and how it will help them access, utilize, or remain
in the housing program.
Making a Request
16
 Requests may be oral or written.
 The reasonable accommodation process begins once
a tenant tells a housing provider that they are
disabled and need something changed in order to
accommodate that disability.
 Written requests may be preferable
 Can be made at ANY TIME.
Denial
17
 If the housing provider finds that the requested
accommodation is not reasonable, it’s obligation does not
end.
 The provider should engage in an interactive process
and try to determine with the tenant if another
accommodation is feasible.
 If no alternative accommodation is agreed to, treated as a
denial of the original reasonable accommodation request.
 For federally assisted housing – right to request a Section
504 hearing, which often substitutes as the interactive
process.
Enforcement Methods
Informal Advocacy
 Engaging with the housing provider
 Written request
 Follow-up
 Interactive process
 PHA hearing
Answer to UD
 A reasonable accommodation may be requested as
an answer to an unlawful detainer action
 The request may be made even after the action has
been filed, until the “proverbial last minute.”
 Note that raising a reasonable accommodation issue
in a UD may prevent the issue from being raised
affirmatively as a fair housing claim.
HUD/DFEH Complaint
 One year statute of limitation
 Can be filed quickly – online, by mail, or by phone
 Duty to conciliate
 If conciliation fails and HUD finds cause, may
proceed to ALJ, or through DOJ in federal court
 Often difficult to get a finding of cause
 Will often push the housing provider to settle
 Compensatory damages, injunctive or equitable
relief, and civil penalties in the public interest
between $11,000 to $55,000.
Affirmative Litigation
 Two Year Statute of Limitations
 Can be filed concurrently with HUD/DFEH
complaint
 State or Federal Court
 Compensatory damages, injunctive or equitable
relief, and punitive damages, attorney fees
Writ of Mandamus
 A court may issue a writ of mandate to any “to any
inferior tribunal, corporation, board, or person”
 Compels performance, stays action, or requires the
lower authority to show cause why it is not in
compliance with the law in question
 90 days from date that administrative decision
becomes final
Summary
 If a tenant with disabilities is having difficulty
accessing or maintaining housing, advocates should
consider whether a reasonable accommodation
request is appropriate
 If a request is denied, there are several options for
enforcement of a tenant’s fair housing rights to
pursue
FOR TECHNICAL ASSISTANCE, TRAININGS,
AND ONLINE RESOURCES:
NAVNEET GREWAL
STAFF ATTORNEY
NATIONAL HOUSING LAW PROJECT
[email protected]
(510)251-9400 EXT. 3102
HTTP://NHLP.ORG/RESOURCECENTER?TID=63