» What Is Reasonable Accommodation?

Federal fair housing laws require that Public Housing Authorities (PHAs) provide reasonable accommodation in their Section 8 rules, policies, practices and services if they are needed to help people with disabilities benefit from the Section 8 program. This helps to insure equal participation in the program by people with disabilities. These changes in policies or procedures are referred to as “reasonable accommodation.” People with disabilities may need assistance in completing the application process, searching for housing, and submitting the necessary paperwork. Public Housing Authorities (PHAs) are required to provide this assistance under the provisions of Section 504 of the Rehabilitation Act of 1973.

Reasonable modification policies under the fair housing laws allow people with disabilities to alter their rental housing units to meet their unique needs. Under reasonable modification, an owner/landlord participating in the Section 8 program must allow a person with a disability — at their own expense — to make certain physical modifications to a unit if needed to fully use and enjoy the housing unit. Owners may require that the modifications be completed in a professional manner and be in compliance with all applicable building codes. In addition, owners may require the tenant to restore the unit to its original condition before vacating. Examples of modifications might be installing an entrance ramp or grab bars in the shower. The owner does not have to allow the tenant to make modifications that the law deems “unreasonable.” An unreasonable modification would be one that is not related to the person’s disability — the installation of a dishwasher, for example. In the Section 8 program, owners are generally not required to pay for modifications. However, a PHA may approve a higher rent for an owner who is making accessibility modifications to a unit to meet a Section 8 household’s needs.

» How To Request A Reasonable Accommodation

PHAs are required to inform all Section 8 households of their right to request a reasonable accommodation. PHAs must have a process for Section 8 households to make reasonable accommodation requests and for determining whether or not these requests are reasonable.

This does not mean that the PHA must grant any accommodation requested. The PHA may decide that some requests are “unreasonable” or may suggest a different solution to the problem. PHA’s decisions about what is “reasonable” are sometimes based on previous HUD decisions regarding reasonable accommodation requests.

Usually, this policy involves the applicant or Section 8 household submitting the request in writing to PHA staff. The burden of requesting a reasonable accommodation from the PHA and presenting any documentation to show why it is reasonable falls on the applicant.

The written reasonable accommodation request should clearly describe the accommodation that is being requested, the reason that it is being requested, and include a discussion of how the accommodation is related to the person’s disability. It is helpful to attach any written documentation or letters from advocates or providers or even doctors that may support this request.

Some PHAs may simply respond in writing to the request — especially for those requests that are similar to accommodations that the PHA has granted in the past. Some PHAs may schedule a meeting so that the household can discuss the request and provide any supporting documentation.

» Reasonable Accommodation And The Application Process

The Section 8 application process often poses significant barriers to people with disabilities. A reasonable accommodation can be requested at many stages in the application process. Some examples of changes to the application process that can be requested as a reasonable accommodation include:

COMPLETING AND SUBMITTING A SECTION 8 APPLICATION

• Allowing applications to be mailed or faxed
• Providing applications in Braille, large print, or other alternative formats
• Providing assistance with completing the Section 8 application
• Allowing applications to be dropped off at the PHA by a friend, family member, advocate, service provider, etc.
• Visiting the applicant’s home in order to allow him/her to complete the application
• Allowing additional time to submit an application

WAITING LIST MANAGEMENT

• Allowing a secondary contact person to be listed on the application and sending copies of all PHA correspondence to both the applicant and the secondary contact
• Allowing previously incomplete applications to be added to the list (once completed), even if the list is now “closed”
• Allowing applications discarded during the “update” process to be reinstated to the list in its original position

SCREENING AND VERIFICATION

• Making exceptions to screening criteria regarding criminal histories, past rental histories, or credit histories based on mitigating circumstances
• Providing extra time to gather documentation of eligibility

HOUSING SEARCH PROCESS

• Allowing a friend, family member, service provider, or other person to attend the briefing session with the applicant
• Allowing extensions to the housing search time
• Providing a higher payment standard to help cover the costs of accessibility modifications

MAINTAINING THE SECTION 8 VOUCHER

• Rescheduling recertification appointments
• Providing home visits to conduct recertifications
• Allowing additional time for the annual recertification process
• Reinstating a voucher that was terminated for cause, due to mitigating circumstances

» Qualifying For Reasonable Accommodation

In order to qualify for reasonable accommodation, the applicant/tenant must be considered a “disabled household”. HUD’s definition of “disabled household” requires that the head of the household, co-head, or spouse have a disability. This definition does not include households in which the sole member or members with disabilities are minor children.

Content excerpted from SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities © Copyright 2002, 2003 by the Technical Assistance Collaborative, Inc. USED WITH PERMISSION

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