Our previous blog discussed how tenants with disabilities can ask for reasonable accommodations and modifications to enjoy housing rights equal to those without disabilities. State and federal laws not only create these rights but also tell you how to handle them.
How Must a Request be Made?
It need not be in writing, and a tenant’s representative can make the request. The obligation to reasonably accommodate is ongoing, and a request can be made anytime. You can have a formal process, but you must offer help in complying with it, and their failure to comply isn’t a valid reason to reject their request.
How Do You Know the Request is Legit?
Laws balance the need to justify the accommodation and the tenant’s privacy. State law limits what you can ask to establish their disability and the connection to their request. If you know the person’s disability and the basis for the request (or it’s obvious), you shouldn’t ask for more information.
If you know the disability or obvious, but the need for the request is not, you can seek information that describes the needed accommodation and why the disability makes it necessary
If neither the disability nor the need is known or obvious, you may ask for information
establishing:
- The tenant’s disability
- The requested accommodation
- The relationship between the disability and why the accommodation is needed
You can’t ask for:
- Information about a particular medical condition or diagnosis
- Information about the disability’s severity
- Medical records
- Their medical history
- Information covering other disability or medical issues not connected to the request or
- Other disability or health-related information beyond what pertains to the disability and the need for the accommodation
The disabled tenant may provide this information to you through a reliable third party with knowledge of the tenant’s disability or the need for the accommodation. This could be a:
- Healthcare professional
- Non-medical agencies, such as one providing in-home support services,
- Relative caring for an infant or someone with dementia
Based on the circumstances, you’ll have to decide whether this third party is reliable.
Can I Just Say No?
That would be a bad idea, even if the accommodation is clearly unreasonable. Disability law puts a premium on parties discussing their needs and finding solutions. A landlord who shuts down the conversation or a tenant who proposes a “take it or leave it” request will have a tough time if the issue goes to court. This interactive process must be taken in good faith. It can’t be an exercise in foot-dragging or needless delay.
If the tenant proposes something unrealistic or unworkable, suggest an alternative. This conversation should be an exercise in creative problem-solving. What are the tenant’s needs? How can they be met in a way that’s not overly burdensome?
This process should involve exchanging information to identify, evaluate, and implement a reasonable accommodation that provides the tenant with a disability equal housing rights. You must make a fair and honest effort to engage and consider the request, and the tenant must do the same if you make a counter-proposal.
One approach the parties can take is to give one proposal or another a good-faith try for some time. Something you suggest may work. If it doesn’t, it’ll have to be re-evaluated to see if taking the tenant’s approach won’t be as disruptive or expensive as you think.
What are Acceptable Grounds to Reject a Requested Accommodation?
You can reject the request for accommodations if:
- The tenant doesn’t have a disability
- There’s not enough of a connection between the disability and the accommodation
- It would fundamentally change your services or operations
- It would be an undue administrative and financial burden (the more resources you have, the more you would be expected to spend)
- Given the cost and disruption, the requested accommodation would provide too few benefits to the tenant
- It would directly threaten the health or safety of others or substantial physical damage to others’ property, and these risks can’t be sufficiently mitigated. This evaluation must be based on credible, objective evidence
Your denial can’t be based on:
- Bias against those with disabilities
- Your belief other tenants may believe you’re showing favorable treatment toward the tenant with a disability
- Your belief the accommodation may be an undue burden if other tenants ask for it, too
A risk you run by refusing an accommodation is a legal action by the tenant claiming you’re illegally discriminating against them.
Do Laws Require Me to Make Physical Changes?
Yes, depending on the situation. A request for a reasonable structural or physical modification should be handled like a request for a change in your rules or policies. They must make a request, and the two of you must undergo an interactive process to decide what to do. Valid reasons for a rejection would also be the same.
You can’t force the tenant to pay for modification or that they pay for the property to be restored to its original condition. If a physical modification is requested but rejected, you may be accused of illegal discrimination, and if they suffer an injury due to the lack of changes, you may also face a personal injury claim.
We’re Here to Help
Are you a residential landlord with questions about accommodating a tenant with a disability or need representation in a matter involving one? Call the AWB Law, P.C. team at (949) 244-4207 or complete our online contact form today. We can advise you on protecting your rights and ensuring your actions comply with applicable laws and city ordinances.
