Lyonel LaGrone, Jr.
Metro Fair Housing Services, Inc.
FAIR HOUSING FOR PERSONS
WITH DISABILITIES
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Metro Fair Housing Services,
Inc.
Founded in 1974
Private, not-for-profit, fair housing organization
whose primary purpose is to prevent housing
discrimination in the metropolitan Atlanta area
and throughout the state of Georgia.
Mission: To promote social justice and eliminate
housing and lending inequities for all people,
including those with disabilities, through
leadership, education and outreach, public policy
advocacy and enforcement.
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
What is a disability?
Similar definitions under the Act, 504 and ADA:
A physical or mental impairment that substantially limits one or
more major life activities, like walking, breathing, seeing, hearing,
speaking, learning…..
Having a history of such impairment
Being perceived as having such an impairment
Being associated with someone with such an impairment
CAUTION: THIS IS NOT THE SAME AS THE DEFINITION OF
DISABILITY FOR PROGRAM ELIGIBILITY PURPOSES
(i.e. must have AIDS or a related disease to qualify for
HOPWA)
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Three Key Laws Relating to
Discrimination Based on
Disability
Fair Housing Act (the Act)
Applies to virtually all housing
Section 504 of the 1973 Rehabilitation Act (Section
504)
Applies to recipients of federal financial assistance
HUD has comprehensive regulations addressing HUD funded housing
Does NOT apply to landlords who receive only Section 8 certificate or
Voucher funds
The Americans with Disabilities Act (ADA)
Title II applies to housing operated by state or local governments
and is very similar to Sec. 504
Title III applies to places that serve the general public, which includes
rental offices, but not the housing itself
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Definition of Disability
This protection does not include:
Current illegal drug users
Juvenile offenders, sex offenders or transvestites
Persons convicted of the illegal manufacture or
distribution of a controlled substance
Types of Discrimination
• Overt
– Blatant unfair treatment of someone
because of their membership in a protected
class.
• Disparate Treatment
• Disparate Impact
Reasonable Accommodations
Under disability laws, reasonable
accommodations must be made at the
expense of the landlord/housing provider
Fair Housing Act:
Changes in rules, policies, practices, or practices
or services that are necessary for a person to “use
and enjoy” housing
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Reasonable Accommodations
Section 504
Changes to rules or policies AND structural
changes that are necessary for a person with a
disability to “use and enjoy” housing
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Basic Principles of Reasonable
Accommodations
Need and request are based on a person’s disability
Housing provider must be aware of disability
If obvious disability, housing provider cannot ask for
confirmation, medical or otherwise. This is a specific violation
If not an obvious disability, or if housing provider questions
disability, housing provider may ask for back up
Examine forms, if a housing provider uses one. Sometimes the
inquiry goes to far by asking the nature or severity of the
disability or whether the complainant is capable of living
independently. This is a separate violation
There may be HIPAA violations if housing provider contacts
health care provider without a release
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
What makes a reasonable
accommodation requirement
arise?
1. A person has a disability within the meaning
of the law
2. The housing provider knows, or should
know, of the nature of the disability
3. An accommodation is needed for the person
to benefit from the housing
4. The housing provider knows, or should
know, of the need for the accommodation
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
When do accommodations have to
be made?
The requested accommodation must be
made if they are reasonable
The requested accommodations must be
acted upon within a reasonable time, because
the delay may amount to denial of the
accommodation
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
What is the process for
requesting Reasonable
Accommodations?
There is no specific or required process for making a
reasonable accommodation request:
Accommodation request can be made verbally or in writing
An accommodation request doesn’t have to be called a
“request for a reasonable accommodation”
There is an obligation to make an accommodation even
when one is not actually requested if the need is apparent
Cannot ask for confirmation of disability or of need for the
accommodation if disability/need for accommodation is
obvious
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
When is a request for an
Accommodation Unreasonable?
A request for a reasonable accommodation
may be rejected if it is unreasonable:
The test under both the fair Housing Act and
Section 504 is whether the accommodation would
pose an undue financial and administrative burden
OR
The accommodation would fundamentally alter
the nature of the program (the way you do
business)
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Necessary and Reasonable
To show that a requested accommodation
may be necessary, there should be an
identifiable relationship or nexus between the
requested accommodation and the
individual’s disability
An accommodation will not be considered
reasonable if it constitutes a fundamental
alteration of the provider’s program, or an
undue financial and administrative burden
Undue Burden
Financial resources of the provider
Cost of the reasonable accommodation
Benefits to the requesting applicant/resident
Availability of other, less expensive
alternative accommodations that would
effectively meet the applicant/resident’s
disability-related needs must be considered
What about invisible
disabilities?
“If a landlord is skeptical of a tenant’s alleged
disability or the landlord’s ability to provide
an accommodation, it is incumbent upon the
landlord to request documentation or open a
dialogue.” Jankowski Lee and Associates
v.Cisneros, 91 F. 3rd 891 (7th Cir. 1996)
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Equality of Treatment
People with disabilities cannot be treated adversely because
they are disabled
Differences in treatment must be justified by one or more
legitimate, non-discriminatory reasons
CAUTION: NOTHING IN THE FAIR HOUSING ACT REQUIRES
THAT HOUSING BE MADE AVAILABLE TO A PERSON WHOSE
TENANCY WOULD CONSTITUTE A DIRECT THREAT TO THE
HEALTH OR SAFETY OF OTHERS OR WHOSE TENANCY
WOULD RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO
THE PROPERTY OF OTHERS
This does not include a situation where the circumstances of
threat can be ameliorated by a reasonable accommodation
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Direct Threat
Can’t Exclude individuals based upon fear,
speculation, or stereotype about a particular
disability or persons with disabilities in
general
Must rely on an individual assessment that is
based on reliable objective evidence (e.g.
current conduct, or a recent history of overt
acts)
Direct Threat
The assessment must consider:
The nature, duration, and severity of the risk of
injury
The probability that injury will actually occur
Whether there are any reasonable
accommodations that ill eliminate the direct
threat
Diagnoses is not important
Unlike program eligibility, the name of the
disability does not matter nor does the source
of income – it is how the disability, whatever
type, affects a person’s ability to go about
daily life activities
For this reason, asking the label of the
disability is not necessary
The nature of the disability does not normally
have to be disclosed
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Assisting Clients
A client must need an accommodation because
of her disability
Interview the client about her need for the
specific accommodation
How will the accommodation help you?
Have you considered other accommodations?
Why do you need this particular accommodation?
Does the housing provider know that you need this
accommodation and do they know it is because you
are disabled?
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Assisting Clients
How does the disability affect daily life activities?
Questions should be geared to the type of
accommodation being requested
Affect ability to walk long distances?
Climbing steps?
Stay in your unit alone?
Take care of yourself?
Remember how to do routine activities?
Ask how long this has been occurring
Ask for examples of concerns
Are there witnesses who have observed the day to day affects of the
disability?
And does the housing provider know you have a disability? Who did
you talk to? To whom did you give specifics?
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Is there a response to the
request? If yes, evaluate it.
Was the response timely or was there no response? Delay may be the same
as denial. [see e.g. HUD v. Ocean Sands]
Did the response address the requested accommodation, or was it more like
“let’s make a deal”? The housing provider must grant the request
accommodation unless it would be undue financial and administrative
hardship or a fundamental alteration of the program. [see e.g. United States
v. Freer, 864 F. Supp. 324 (W.D.N.Y. 1994)]
Review the alternative proposed. What does the client think of it? If an
alternate accommodation is offered, why wont it work?
What would be the burden on the housing provider if the accommodation
were made? Is there a cost burden? An administrative burden? Would it have
fundamentally changed the operations?
Did the housing provider impose any fees or conditions or requirements on
the accommodation? That is a separate violation.
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
Resources
www.hud.gov
www.metrofairhousing.com
www.gceo.state.ga.us
www.consumerfinance.gov
www.nationalfairhousing.org
www.justice.gov
Q & A
Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000
