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● Exception, change or modification of rule, policy, procedure, program or service when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling
● A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If nature of disability and need for the requested accommodation is readily apparent, provider may not request additional information.
● Advertising● Language● Human Images● Admissions● Requirements of Tenancy● “Independent Living” Requirements● Private Duty Aides● Wheelchairs and Motorized Carts● Animals● Transportation and Parking● Transfers between Levels of Care
“The court believes the purpose of the Fair Housing Act would not be served by invalidating guidelines which were established for the safety of elderly persons living in a retirement community-many of whom are feeble and handicapped in vision, hearing, or balance-in order to allow these persons who drive motorized carts to do so without any restrictions on the time place and manner of their operation”
U.S. v. Twining● DOJ alleged CCRC prevented use of motorized
carts in certain common areas● Required residents to indemnify facility● Yearly evaluation regardless of operation● DOJ brought FHA action● Consent Order entered
Avoid:● Competency testing● Damage deposits● Insurance requirements● Prohibiting mobility aids in common areas● Indemnity provisions● Rental premiums● Medical screening
“If Plaintiff meets her burden of demonstrating that the proposed accommodation is reasonable, the Defendant bears the burden of proving that under particular circumstances the requested modification would fundamentally alter the nature of the service being offered”
“The provisions of the Fair Housing Act imposing an affirmative duty upon landlords to reasonably accommodate the needs of disabled persons may require landlords to assume reasonable financial burdens.”