A Request, in Any Other Form, Would Smell Like a Request:
A requester does not need to fill out the exact forms we use in order to be making a request. Don't ignore something just because the resident didn't specifically say "I want a Reasonable Accommodation." A letter from a doctor, a casual remark, a comment to the Super, etc. can all be deemed to be requests. At the very least, casual remarks open the door for you to say, "You mentioned to the Super that you have a difficult time walking from the back of the parking lot to the building. I wanted to review our Reasonable Accommodation policy with you so that you can decide whether you would like to make a request." Alternatively, if your site has a Resident Services Coordinator, you can ask him/her to meet with the resident to discuss whether a Reasonable Accommodation might be needed.
When is a Verification Not a Verification:
We have all had the experience of having a doctor write out an ambiguously worded letter - something like this:
"Mrs. Jones states that she suffers from allergies caused by mold in the carpet. It would be helpful if the carpet was removed for her."
This is NOT sufficient to serve as verification of either disability or need. Specifically:
- The doctor is telling you that he/she is relying on statements by the resident about their condition and the cause of the problem. We are asking that the verifier rely on their professional experience. While we can rely on credible self-certification, this type of note isn't going to qualify as credible self-certification.
- "It would be helpful if" is not the same as "Mrs. Jones requires..." Other phrases to watch for are "...would benefit from," "may assist with..." and "please consider..."
Sufficient verification, whether on our form or in another format, must contain the following:
- Documentation that the individual is disabled (in some cases, this is worded as the individual having a medical condition)
- Documentation that because of that disability, the requested item is necessary (not a good idea, not beneficial, and not a really nice thing to do).
The important thing to remember here is that
reasonable accommodations and modifications are changes that are necessary (not
just something the individual would like) in order to permit a disabled
individual an equal opportunity to live on the property, apply for housing,
enjoy the facility, etc. We, therefore,
have to accommodate a need, but not necessarily a preference.
All Requests Go Through the Assistant Director of Property Management (ADPM)
That's right - all of them. From large print notices to walk-in showers, they all come through Pam for approval. There are a few of reasons for this:
- It keeps our approach consistent. The same person is always looking at them, and I have the knowledge of how we've responded to similar requests at the same site, as well as across the portfolio.
- It keeps the response objective. We all have residents, applicants, family members, etc. that can push our buttons. An arms' reach approach to approval helps to protect site staff from allegations of favoritism or unfair denials.
- It allows documentation and monitoring of our efforts. All Accommodations and Modifications are tracked, and reported on monthly. The Assistant Director of Property Management (Pam) and Director of Resident Services (Lee) work together to ensure that all requests have been completed appropriately, and to offer support for those that are more challenging than others.
Remember, before forwarding a request to Pam, ensure that you have the following:
- A clear request that states what specifically is being asked for; AND
- A verification form that is complete, i.e., has answers to both the question of disability and the question of need.
OR
A note from a verifier that addresses both areas listed above;
OR
- A clear request that states what specifically is being asked for; AND
- A Confirmation of Known/Obvious Disability and Need for Accommodation of Modification
Never Say Never:
When a resident asks us for an accommodation, we will almost never say, "No." Reasons for a simple denial include 1) A verifier stating that an individual does not qualify as disabled, or 2) A verifier stating that an individual does not need what they're asking for. Even in those circumstances, the answer is going to be somewhat complicated - it is likely to look like this when it comes from Pam:
"...your verifier stated that you were not disabled, and that you did not require...if you wish to submit an alternate name for a verifier, please do so no later than..." and so on.If the issue is that we have found a particular request to be an undue burden, or to be unreasonable for another reason, the response is likely to be something like this:
"...we have determined that the item you requested constitutes an unreasonable administrative and financial burden. The site does not have the funds to support what you have requested. Further, we are unaware of any grant funding which would allow us to complete this. Finally, we do not have sufficient staffing to dedicate solely to obtaining funding for this project. Therefore, we will offer you the following alternative..."Basically, you are almost always going to be saying "No, but..." rather than "No." You must enter into an "interactive dialogue" with the resident in order to arrive at something that everyone can live with. It's the difference between trying to avoid action, and actively trying to solve the issue.
The Financial Burden that Isn't:
Always remember that your definition of a financial burden, and your regulatory body's definition of a burden, can be two vastly different things. Basically, a financial burden means that the cost is so high that it would compromise the financial health of the facility.
Example:
Green Field Apartments is a 100-unit site with $45,000 in its Reserve Account. The most recent Comprehensive Needs Assessment (CNA) shows that the property's roof is due to be replaced, it has several areas of unsafe concrete that need to be addressed, and the parking lot needs some work. They are applying for grants for some of the items, but anticipate more than $40,000 will come out of Reserves for necessary work in the next three years. Deposits right now are only $5,000 a year. The boilers are almost at the end of their useful life, and the property has had three water heaters go in the last year.
A resident puts in a request for a walk-in shower. The estimates put the cost at somewhere between $5,000 - $7,000.
This property could make a good argument for a financial burden. The capital projects that are being planned are not optional, and likely could not be put off. In addition, there are several more projects that will need to be undertaken, and deposits to reserve are low compared to the need. In addition to examining its budget, this property will likely need to carefully examine any Reasonable Accommodation requests. One option here might be to install a tub cut, which would likely cost under $1,000 and may bring the needed access.
Example:
Plush Park is a 300-unit complex with more than $500,000 in Reserves. It just completed grant work to install a new roof, new boilers, and new windows. The parking lot is in great shape, and they weathered the last winter with very little concrete damage. They have been doing cycle painting and replacement of carpeting, budgeting for some each year. This seems to be working well. There are no major capital projects planned at present.
A resident puts in a request that her carpeting be removed and replaced with something that will not aggravate her breathing issues. She asks for Italian marble flooring. The site confirms with the verifier that Italian marble is not necessary; the resident's physician states that anything other than carpet is OK.
Estimates for the carpet removal and replacement with vinyl come in at about $3,500. This facility will not be able to justify this as an undue burden, but will be able to deny the Italian marble. They will advise the resident that they can offer replacement of the carpet with vinyl sheeting, their standard option, instead.
The analysis of financial and administrative burden is something that will be normally be done with your RM and the ADPM. When submitting a request that you feel is an undue burden, be sure to include sufficient information in your email to explain why you believe that. This will facilitate review of the request.
Document, Document, Document:
Remember, if it's not in writing, you're going to have a hard time proving it. Make sure you document relevant conversations, emails, notes, etc. Be sure to note date, time, name of any individual you spoke with, etc.
Also remember there are some things that should not be put in a written record. You are entitled to your personal viewpoints and feelings, but they don't belong in factual documentation. For instance, a resident's remark that she believes her neighbor doesn't have a disability because she sees her walk to the garbage room isn't documentation of the lack of a disability. It may be the basis for a conversation with the commenter, though!
If you're unsure about whether something should be part of the official file, ask.
It's Not Personal:
Dealing with Reasonable Accommodations can be challenging, to be sure. This is especially true when it's that resident - the one who is often difficult, rarely seems to be satisfied, and takes a lot of time to deal with. The bottom line, though, is that it's not personal. Reasonable Accommodations are required of us. If you're in federally-funded housing, they are required to be done at the property's expense, and can only be refused under certain circumstances.
Do people take advantage of that? Yes. But the vast majority of people who ask for accommodations and modifications need them due to disabilities or medical conditions that result in a need. Your responsibility is to verify as required, and consult with your Regional Manager, the Assistant Director of Property Management and/or other staff as appropriate.
A Final Note:
Elderly Housing Management takes Fair Housing seriously. We actively work to ensure compliance, and Reasonable Accommodations and Modifications are part of that. It's important to not only understand your requirements, but also to ask for help when it is needed. Don't hesitate to contact your Regional Manager, the Assistant Director of Property Management, or the Director of Property Management when you need assistance. We're all working towards the same goal, and it's always better to prevent a problem than respond to one.
