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An estimated 41% of federally subsidized households have a head, a spouse or a family member with a disability. Access to, and retention of, affordable housing by these families is especially critical because of the additional barriers they may face when searching for and residing in housing. Some of these barriers are physical, while others are barriers created by policies, rules, and regulations of the housing providers.
One way in which federal law seeks to ensure equal access to the full use and enjoyment of federally assisted housing for people with disabilities is through requirements that housing providers must provide reasonable accommodation to tenants with disabilities. In the housing context, 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. Failure to provide a reasonable accommodation may be construed as discrimination.
NHLP has developed and collected materials regarding reasonable accommodation, including an outline of the law, sample letters, trainings, and fact sheets.
Acceptance of Voucher May Be Required as a Reasonable Accommodation
This Housing Law Bulletin article discusses a case in which a federal court denied a motion to dismiss where tenant had a likelihood of success in arguing that landlord was obligated to accept her Section 8 voucher as a reasonable accommodation.
HUD’s New Guidance on Voucher Payment Standards for People with Disabilities
This Housing Law Bulletin article summarizes a HUD notice regarding the mechanics of requesting an increase in a payment standard for a Section 8 voucher as a reasonable accommodation.
HUD & DOJ Issue Statement on Reasonable Modifications
This Housing Law Bulletin article summarizes HUD and DOJ’s Joint Statement on Reasonable Modifications, which provides guidance on how housing providers should implement the obligation to make physical changes to a property, in order to make a unit accessible, under the Fair Housing Act.
Reasonable Accommodation in Federally Assisted Housing Outline
This outline explains the basics of reasonable accommodation issues in federally assisted housing. It includes the following sections:
I. Overview: Laws and Definitions
II. How to Request a Reasonable Accommodation
III. Common Issues Arising in Federally Assisted Housing
IV. Affirmative Advocacy
V. Failure to Provide a Reasonable Accommodation
VI. Methods of Enforcement
Letters and Pleadings
This packet contains a variety of sample letters, pleadings, and documents that advocates have used to pursue reasonable accommodation requests.
Trainings
New Orleans Reasonable Accommodation:
The sample presentation concerns the basic rights of people with disabilities to reasonable accommodation in federally assisted housing.
LAAC Traveling Training Materials:
Power Point presentation from LAAC Traveling Training 2009. The training was held on November 17, 2009 and focuses on the right to reasonable accommodation in housing for persons with disabilities.
Exception Payment Standard Calculator
This excel spreadsheet, which was put together by John Carella of Bay Area Legal Aid, helps calculate what percentage of FMR a tenant should request as an exception to the payment standard as a reasonable accommodation.
Sample PHA Reasonable Accommodation Request Form
Reasonable Accommodation in Criminal Activity Cases Webinar
HUD Documents
HUD has released a number of documents providing guidance on the reasonable accommodation process. They provide both a good source of information as well as persuasive authority when advocating to federally assisted housing providers.
1. Joint Statement of the Department Of Housing And Urban Development and the Department Of Justice Reasonable Accommodation under the Fair Housing Act
2. Joint Statement of the Department Of Housing And Urban Development and the Department Of Justice Reasonable Modifications under the Fair Housing Act
3. PIH Letter L-2007-05 Reinstatement of Notice PIH 2006-13 (HA) Nondiscrimination and Accessibility for Persons with Disabilities and PIH Notice 2006-13 (HA) Nondiscrimination and Accessibility for Persons with Disabilities
4. Notice PIH 2008-13 (HA) Requests for Exception Payment Standards for Persons with Disabilities as a Reasonable Accommodation
5. Notice PIH 2009-22 (HA) Over Subsidization in the Housing Choice Voucher Program
6. Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Conforming Amendment To Include Students With Disabilities Receiving Assistance as of November 30, 2005, 73 Fed. Reg. 49332 (Aug. 21, 2008)
Bazelon Center for Mental Health Law
This website contains a wealth of information regarding the rights of people with disabilities to housing, including articles, fact sheets, and summaries of cases. The information is updated through 2006.
National Disability Rights Network
The national network of state protection and advocacy organizations lists resources regarding disability issues in housing
Legal Services of Northern California
Legal Services of Northern California maintains a page on fair housing with a wealth information with both general and state specific information regarding fair housing, accessibility, and reasonable accommodation.
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