If you are a property manager or a landlord in affordable housing, and a potential tenant requests accommodation and for some reason, you can’t accept their request. You might be thinking about how you can manage this situation and at the same time stay compliant. Communicating with the person with a disability clearly, and making them understand the reason for not accepting the accommodation request is essential. Don’t worry we’ve got you covered.
In this blog, we will discuss how you can say no to the request for accommodation and stay compliant with the fair housing laws.
Understanding The Basics Of Reasonable Accommodation And Section 504:
Before we delve into the process of denying an accommodation request, let’s clarify what an accommodation request entails. In section 504, the context of affordable housing, an accommodation is a modification or exception to a housing provider’s policies, practices, or rules that would allow a person with a disability to enjoy equal access to housing.
Section 504 says housing providers should give reasonable help to people with disabilities. They have to pay for it unless it’s too expensive or changes the program too much. Even if it’s expensive, they still have to give some help that doesn’t cost too much or change the program too much. The law also allows for “housing adjustments” under HUD’s rules.
When Can You Deny The Request For Accommodation?
When you are renting the house to a person with a disability, you must be clear in mind that you might need to provide some special accommodations to them. However, you can say no to accommodation requests in housing under specific circumstances as allowed by the Fair Housing Act (FHA) and other applicable laws. Here are the situations in which you can deny an accommodation request:
1. Undue Financial Burden:
If granting the accommodation would impose an undue financial burden on your property, meaning that it would be excessively costly or create financial hardship for you, then you can deny the accommodation or choose the least expensive alternative.
2. Direct Threat:
If providing the accommodation would pose a direct risk to other tenants’ health or safety. However, the threat must be significant and based on objective evidence.
3. Fundamental Alteration:
Where the accommodation requested would fundamentally alter the nature of your program or service, causing it to be unworkable or impractical.
4. Not a Recognized Disability
If the individual’s condition does not meet the definition of a disability under the Fair Housing Act or other applicable laws. For a request to be considered, it must be related to a disability.
5. Failure to Follow Proper Procedure:
If the tenant does not follow the proper procedure for requesting an accommodation, such as providing inadequate documentation or not following the correct process.
6. Conflicting Federal or State Laws:
If complying with the request would conflict with other federal or state laws or regulations, you may be exempt from providing the accommodation.
It’s crucial to make decisions regarding accommodation requests carefully, in good faith, and with proper documentation to support your decision.
Now, let’s understand how you can refuse to accommodate the request.
Process: To Deny the Request For Accommodation?
Now that you’ve understood the situations where you can say no to accommodating the requests for accommodations, you need to know the process that you should follow:
1. Review the Request:
When you receive a request for accommodation in affordable housing, your first step should be to review it thoroughly. Also, you have to keep in mind that there are invisible disabilities that the person might be going through. From the above situations you have to judge whether you can accept the request for accommodation or not. In order to evaluate the request effectively, it must be in writing and contain sufficient details. Do not automatically deny a request without proper consideration because you are legally required to accommodate individuals with disabilities.
2. Consult Legal Resources:
Affordable housing providers must understand the Fair Housing Act and other applicable laws since they offer guidelines for handling accommodation requests. Legal resources, including attorneys and fair housing experts, can be critical at this stage. In addition to determining whether the request meets the criteria for a reasonable accommodation, they can also advise you on any exceptions or legal defenses.
3. Gather Evidence:
When reviewing the request, it’s important to gather all relevant evidence from the tenant, including any medical or disability documentation. By reviewing this documentation, you will be able to make an informed decision and ensure that the requested accommodation addresses the disability of the individual.
4. Communicate with the Tenant:
When handling requests for accommodation, transparency and open communication are essential. Discuss the tenant’s request with them, ask them any clarifying questions, and let them know you are actively working on it. Be sure to document all conversations and correspondence with the tenant to keep a record of the process.
5. Document Your Decision:
You should decide on the accommodation request after careful consideration and consultation. If you decide to deny it, document the reasons for your decision in writing. Be clear, and concise, and provide a reasonable explanation for the denial. This documentation is crucial in case of any legal challenges in the future.
6. Provide an Alternative:
It is important to consider whether alternative accommodations might meet an individual’s needs, even if you deny a specific accommodation request. By offering tenants alternatives, you demonstrate your willingness to work with them and maintain a positive working relationship.
7. Notify the Tenant:
Once you’ve made your decision, inform the tenant in writing, and provide them with a copy of your denial letter, along with any information on how to appeal the decision if applicable. Make sure your notification is respectful and professional.
Conclusion:
Managing affordable housing involves balancing the need to provide housing for individuals with limited financial means while complying with fair housing laws. Denying a request for accommodation in affordable housing can be a challenging task, but by following the proper procedures, consulting legal resources, and maintaining clear and respectful communication with tenants, you can make informed decisions that are legally sound and fair. Always remember that fair housing laws exist to protect the rights of individuals with disabilities, and it’s your responsibility as a housing provider to ensure equal access and opportunity for all.
