Reasonable Accommodation Review

This week, I had the pleasure of providing a Fair Housing update for the Resident Services Coordinators.  One of the topics we covered was Reasonable Accommodations, so I thought it was a good time to review certain elements of the process with the property management staff as well...

Completing Requests
When you are completing a request form, please be sure to clearly note what is being requested:

"...resident has difficulty using her stove..."    NO
"...resident requests an an oven with knobs in the front ..."  YES

Who can / should be handling requests?
Administrators, Assistant Administrators, and Resident Services Coordinators can handle requests.  Superintendents / Maintenance staff who become aware that a resident has a need for an accommodation or modification should advise the Administrator within 24 hours.  

Although RSCs should be aware of all RAs at a property, they should not be the only ones taking requests.  This can result in undue delays in processing.  If a Resident is speaking with the Administrator / Assistant Administrator and makes a request, or implies that a change is needed, that staff person should immediately discuss the RA process with the Resident, and complete the request.  A copy of the request and the verification to be sent can then be made and provided to the RSC afterwards for any needed follow-up, with the referral or New Move-in Notification Form.  

Known and Obvious:
When the disability and the need are "known and obvious," there is no third-party verification required.  Known and Obvious generally indicates a visible disability, but can also indicate a disability that you become aware of through contact with the resident.  When in doubt, discuss the situation with the ADPM to determine what needs to be verified.  Some examples of known / obvious disabilities:  blindness / visual impairment, deafness / hearing impairment, use of a wheelchair / walker.

Even if you feel that you have a situation where this applies, you must still fill out a request form, and the known/obvious form, and send to the ADPM for approval.  This ensures that we are consistent, and that all requests are documented.  It also allows for a review to ensure that third-party verification is not required.  

Reviewing Verifications
Before forwarding, be sure to review the verification to determine whether all necessary information has been received.  Some items to examine:

• Did the verifier answer the question of whether the individual has a disability?
• Did the verifier answer the question of whether the individual needs what they are asking for?
• If they've asked for a parking space, did the verifier note the distance requirement?
• If a live-in aide or assistive animal, did the verifier answer the question of whether this particular individual / animal can provide the needed service(s)?
• If asking for an apartment with "more light," did the verifier provide specific information on what is needed?

If these key elements are not provided, you should follow up with the verifier before forwarding to the ADPM (Pam)  for approval.  If you are having trouble getting a clear answer from the verifier, forward the request to the ADPM for assistance.  

If you're unsure as to whether a determination can be made, go ahead and forward it to the ADPM.  However, if you identify key elements that are missing, please follow-up before you forward the request.  Doing so can avoid unnecessary delays.

"Unreasonable," "Undue Burden" and "Fundamental Alteration"
Although HUD permits us to deny requests that are unreasonable, that term doesn't always mean what you think it does:

Unreasonable:  something that is impossible to do because it compromises the financial health of the building, would jeopardize necessary capital projects, represent a change to the program offered, place the property in violation of the law or regulatory requirements, or make demands on staff that would make it impossible for them to perform their job.  

Undue Financial and Administrative Burden:  something that is impossible to do because the site does not have the funds (Operating / Reserves / Residual Receipts), there is no grant funding available, and there are no staff to research funds.  Or, something that would make such a demand on staff that we would have to hire additional staff to accomplish it. Example:  Site generally needs a buffer of $100,000 in reserves.  It currently has $125,000 in reserves with $50,000 coming out in the next year for capital projects that cannot be delayed.  $25,000 will be added to Reserves in the next year.  Resident requests an item that costs $43,000, and there is no grant funding that exists for the item.

Fundamental Alteration to the Nature of the Program:  something that is impossible to do because it would alter necessary rules or programmatic guidelines.  Examples:  waiving a no-smoking policy, waiving an income limit, admitting someone who does not meet eligibility criteria.

The determination on whether something is a burden will come from the ADPM.  If you believe something is a burden, be sure to include that information with your request so that she can work with you to make a determination.  

No, but...
A flat denial of a request will generally only come if the verifier states that an individual is not disabled, or does not need what they're asking for.  In almost all other cases, the denial will take a form that more resembles "We can't do what you're asking, but we could do..."
This means that the ADPM will send a letter that advises that the requested item is impossible, and offers alternatives or the opportunity to meet to discuss what alternatives may exist.  

Follow the Process:
Under no circumstances should a resident be told that something cannot be done before going through the process.  Even if you believe that something may be unreasonable, the process must be followed in order to document that we followed guidelines.  If you have questions, check with your RM or the ADPM.

Make Sure Residents / Applicants Understand the Process:
It's important to be sure that your residents and applicants are aware of the process and have been given information on how to make a request.  

Make sure that the RA/RM Notice is posted on the bulletin board, and given out:

• With applications
• At Initial Interview
• At Move-In
• At Annual Recertification

It's important that you review what's in the notice, especially when dealing with an applicant or a new Move-in.  Many applicants / new Residents are not familiar with Reasonable Accommodation requirements, so may not understand it clearly by just reading the notice.  They receive a lot of paperwork when they interview / move in, so it is helpful to point out important elements of life in assisted housing.

And finally...

Don't Sweat the Small Stuff:
It's really easy to get frustrated when you encounter individuals that appear to be taking advantage of the system, or residents that are challenging to deal with.  But it's important to remember that this isn't personal.  The ADA and Section 504 of the Rehabilitation Act require that we make Reasonable Accommodations.  Yes, there are individuals who take advantage of the system.  In general, people who make requests make them because they are dealing with significant challenges, and the changes we make allow them an equal opportunity to enjoy the property.  Small changes can sometimes have a huge positive impact on the lives of people living with disabilities.