The Trainer: April 2019
Avoiding Mistakes When Verifying Disability
In this month’s feature, we explained how to avoid seven mistakes when verifying the disability of an applicant or resident who requests a reasonable accommodation. According to the federal Fair Housing Act (FHA), it’s unlawful to discriminate against applicants and residents because of their disability or the disability of anyone associated with them. But the law goes further by requiring you to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to give such person an equal opportunity to use and enjoy a dwelling. It is unlawful to wrongly withhold such an accommodation.
Sites must consider a reasonable accommodation request by an individual with a disability, whether it’s physical or mental, obvious or not. Some disabilities, like visual or hearing impairments, are obvious or apparent, while other disabilities show little outward sign of impairment. But it doesn’t matter as far as the law is concerned. If the request is for someone who doesn’t have an obvious or apparent disability, then the law permit sites to request disability-related documentation to verify that he qualifies under the FHA’s definition of “disability.” If you don’t follow the rules for verifying disability properly, you could face a discrimination complaint and further fair housing trouble.
QUESTION #1
When screening applicants, it is a violation of fair housing law to ask any disability-related questions. True or false?
a. True.
b. False.
QUESTION #2
Although your site has a policy of providing unassigned parking, an applicant says he wants an assigned parking space near to the building entrance because of a disability. He doesn’t use a cane or appear to have any difficulty walking, but you could trigger fair housing trouble if you ignore his request. True or false?
a. True.
b. False.
QUESTION #3
At the same site, you get another request for a parking accommodation—this time from a resident in a wheelchair who asks for a reserved parking space near to the building entrance. If you ask him for documentation to verify that he has disability-related need for the parking accommodation, you could trigger a fair housing complaint. True or false?
a. True.
b. False.
QUESTION #4
Although your site has a no-pet policy, a resident asks for an exception to keep his dog as an assistance animal and submits a letter from his treating healthcare provider stating that he has a disability and that the dog provides emotional support to alleviate the symptoms of his disability. Since he’s requested a reasonable accommodation, you should send your standard forms to his doctor to verify that that he has a disability-related need to keep the dog as an assistance animal. True or false?
a. True.
b. False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
Under the FHA, it’s generally unlawful to ask applicants about whether they or a family member has a disability or about the nature and severity of such a disability. Nevertheless, there are a few disability-related questions that you may ask during the screening process, provided you ask all applicants, regardless of whether they have a disability. For example, you may ask applicants whether they may be qualified for units that are available only to individuals with a disability or for a priority available only to individuals with disabilities.
QUESTION #2
Correct answer: a
You can’t ignore the applicant’s request for an assigned parking space close to the building simply because he doesn’t display any outward appearance of a disability. Under fair housing law, the definition of “disability” is broad enough to cover an array of physical impairments, such as a heart or lung condition, which wouldn’t require use of a cane but may significantly affect his ability to walk long distances. Treat the request as a request for a reasonable accommodation and follow up by requesting verification of his disability in accordance with fair housing rules regarding disability-related inquiries.
QUESTION #3
Correct answer: a
When it comes to reasonable accommodation requests, each must be evaluated on a case-by-case basis. Sometimes you may need to ask applicants and residents who request reasonable accommodations to provide certain disability-related information, but don’t make the mistake of assuming you must do the same with everyone who asks for a reasonable accommodation. When a resident with an obvious mobility impairment asks for a parking space near the entrance to the building, you can’t ask him for further information because both the disability and the disability-related need for the accommodation are readily apparent.
QUESTION #4
Correct answer: b
It’s a good idea to have standard forms for verifying disability, but it’s a mistake to insist on using your forms when people making reasonable accommodation requests come in with their own documentation to verify disability. If the resident has provided documentation from a reliable source that he has a disability and a disability-related need to keep the dog, then you could get into fair housing trouble if you ask for more information to support his request.