Reasonable Accommodations and Modifications in PBV Housing
A PBV tenant who needs a disability-related change should direct the request to whoever controls the rule, service, communication method, or physical feature causing the problem. That may be the property owner, the public housing agency (PHA), or both.
PBV reasonable accommodations can involve much more than an accessible apartment. A request might concern a parking space, an exception to a property rule, an assistance animal, communication in an accessible format, a live-in aide, a transfer-related accessibility need, or another change that gives a person with a disability an equal opportunity to use and enjoy the housing or participate in the voucher program.
Start by identifying who controls the problem
Project-Based Voucher housing involves two different relationships. The owner manages the apartment and lease, while the PHA administers the PBV assistance.
That division determines where many accommodation requests should go.
A request involving the owner's property rule, management practice, parking lot, common area, apartment feature, or another part of the landlord-tenant relationship will usually need to go to the owner or property manager.
A request involving a PHA procedure, voucher-program requirement, PHA appointment, PHA communication, or another housing-agency decision should go to the PHA.
Some requests involve both. If an accommodation affects both the assisted tenancy and the PHA's administration of the PBV program, send the request to both entities rather than assuming one will automatically coordinate everything with the other.
The request must relate to a disability-related need
Federal fair housing law requires reasonable accommodations when a change to a rule, policy, practice, or service may be necessary to give a person with a disability an equal opportunity to use and enjoy housing.
The important connection is between the disability and the requested change.
A tenant does not receive an exception simply because a different rule would be more convenient. The requested accommodation needs to address a limitation or housing need related to a disability.
For example, a resident with a mobility disability might need an assigned parking space close to an accessible entrance even though the property normally uses unassigned parking. A resident whose disability affects communication might need notices or meetings handled in an accessible way.
You do not need special legal words to make a request
A tenant does not have to quote the Fair Housing Act or say the exact words “reasonable accommodation.” The request needs to make clear that a change or exception is being requested because of a disability-related need.
A request can be made orally, although putting it in writing usually creates a better record. A property or PHA may have its own accommodation form, but the existence of a preferred form does not erase an otherwise understandable accommodation request.
A short written request can identify:
- the rule, procedure, service, or physical condition that creates the problem;
- the accommodation being requested;
- that the request is related to a disability; and
- how the requested change would address the disability-related need.
The tenant does not need to turn the request into a detailed medical history.
Verification depends on what is already known
A housing provider should not automatically demand medical documentation every time someone requests an accommodation.
If the disability and the need for the requested accommodation are readily apparent or already known, additional verification generally should not be required merely to prove what is already evident.
If the disability is not apparent, or the connection between the disability and the requested accommodation is not apparent, the housing provider may request reliable information sufficient to evaluate the disability-related need.
That does not mean management is entitled to unrestricted medical records.
The information requested should be limited to what is reasonably necessary to establish that the person has a disability and that the requested accommodation may be needed because of that disability.
A diagnosis is not the point of the review
Housing staff are deciding whether a disability-related accommodation is required. They are not treating the tenant or independently diagnosing a medical condition.
A provider generally does not need a complete diagnosis, treatment history, medication list, or access to an applicant's entire medical file in order to evaluate a housing accommodation.
When verification is legitimately needed, reliable information may come from a health care professional or another source with appropriate knowledge of the person's disability-related need, depending on the circumstances.
What matters is whether the information supports the connection between the disability and the accommodation being requested.
Changing a policy is different from changing the building
The terms reasonable accommodation and reasonable modification are related, but they do not describe exactly the same thing under the Fair Housing Act.
A reasonable accommodation changes or makes an exception to a rule, policy, practice, or service. Examples can include assigning a parking space, changing a communication procedure, allowing a disability-related exception to a property rule, or approving another adjustment that does not necessarily alter the physical structure.
A reasonable modification is a physical alteration to the apartment or to a public or common-use area when the change may be necessary for a person with a disability to fully enjoy the premises.
Examples can include a physical accessibility change to an entrance, doorway, bathroom, or another part of the premises. The specific design or construction solution should be evaluated by the appropriate property professionals rather than treated as a do-it-yourself housing rule.
Who pays for a physical modification is not always the same
Do not assume that every PBV physical modification is automatically paid for by the tenant, and do not assume the owner must always pay.
Under the Fair Housing Act's reasonable-modification rule, a person with a disability generally bears the expense of a reasonable physical modification to existing premises. The housing provider must permit a qualifying modification, subject to lawful conditions concerning matters such as proper workmanship and, in some circumstances, restoration of the interior when the tenancy ends.
Section 504 of the Rehabilitation Act can create broader responsibilities for entities that receive federal financial assistance from HUD. A recipient covered by Section 504 may be responsible for structural changes necessary to provide program access or a reasonable accommodation unless the change would create an undue financial and administrative burden or fundamentally alter the program.
PHAs are recipients of federal financial assistance and have Section 504 responsibilities. The legal status of a private PBV owner or project can involve additional facts, including whether that owner or project receives other federal financial assistance that independently triggers Section 504 obligations.
State or local law may also provide additional rights.
For that reason, a tenant considering a physical modification should identify which entity controls the space and ask in writing who is responsible under the laws and funding requirements that apply to that particular property.
Accessible parking can require an exception to ordinary parking rules
A property does not necessarily satisfy its fair housing obligations simply by applying the same parking policy to every resident.
If a resident with a disability needs a reserved or differently located parking space to use and enjoy the housing, an exception to a first-come, first-served or unassigned parking system may be a reasonable accommodation.
The request should identify the disability-related parking need rather than merely asking for a preferred space.
The property should evaluate the actual request, the available parking arrangement, and whether the requested accommodation or another effective accommodation is reasonable.
An accessible unit request may require owner and PHA coordination
A resident may discover after move-in that an apartment feature no longer meets a disability-related need, or a disability may develop or change during the tenancy.
The tenant can ask management about an accessible unit, an accessibility feature, or another accommodation that would address the problem. Because PBV assistance is attached to contract units, moving from one unit to another can also require PHA involvement.
Do not assume that requesting an accessible unit guarantees an immediate transfer or that a particular accessible apartment is vacant. The owner and PHA may need to determine what units are available, which PBV requirements apply, and whether another effective accommodation can address the need.
The important step is to make the disability-related need known rather than waiting until an inaccessible condition has made the apartment unusable.
Communication itself can be an accommodation issue
A disability can affect how a tenant receives notices, attends meetings, communicates by telephone, reads documents, or interacts with the PHA or property management.
Depending on the need and the law that applies, an accommodation may involve an alternative communication method, accessible electronic information, auxiliary aids or services, or another effective way for the resident to participate.
A PHA's Section 504 obligations include taking appropriate steps to provide effective communication for people with disabilities.
If the problem concerns a PHA notice or appointment, make the request to the housing agency. If management's communication system creates the barrier, notify the property. When both entities are involved, contact both.
A live-in aide request has its own PBV consequences
A person whose disability requires assistance from another individual may need approval for a live-in aide rather than simply adding that person as an ordinary household member.
The disability accommodation and the PBV household rules have to work together. The PBV live-in aide rules explain how that role differs from an ordinary family member and why PHA approval matters.
A tenant should request the accommodation before moving an unapproved person into the assisted unit whenever advance approval is required.
Assistance animals are handled as accommodations, not ordinary pets
An assistance animal needed because of a disability is not treated as an ordinary pet under federal fair housing protections.
That distinction can require an exception to a no-pet policy, pet fees, pet deposits, breed restrictions, or other ordinary pet rules when the accommodation requirements are met.
The rules for pets and assistance animals in PBV housing explain the separate verification, fee, conduct, and damage issues that arise with an animal accommodation.
The requested accommodation is not automatically the only possible solution
A tenant may request a specific accommodation, but federal law does not guarantee that the housing provider must always approve the exact solution requested.
The provider must consider whether the accommodation is necessary and reasonable. Issues such as an undue financial and administrative burden or a fundamental alteration can affect the analysis under applicable law.
If the exact request cannot lawfully be granted, that should not automatically end the discussion.
The tenant and housing provider can discuss whether another effective accommodation would meet the same disability-related need. This back-and-forth process is particularly important when an alternative might remove the barrier without creating the problem identified by the provider.
A response that simply says “no” without addressing a workable alternative can leave an important question unresolved.
Ask for the decision and reason in writing
A written record helps when a request is approved, partially approved, delayed, or denied.
Keep:
- the original accommodation request;
- supporting verification that was actually provided;
- emails or letters from management or the PHA;
- requests for additional information;
- the final decision;
- the reason given for a denial or alternative; and
- records of any discussion about another effective accommodation.
If a provider has not responded, follow up in writing. An unnecessary delay in addressing a reasonable accommodation request can itself become significant under fair housing law.
A property denial and a PHA denial may follow different routes
If the owner refuses a disability-related change to a lease policy, parking arrangement, property practice, or physical feature, the dispute may concern the owner's obligations under the Fair Housing Act or another applicable disability law.
If the PHA refuses a disability-related change to its own program rule or administrative procedure, the PHA's Section 504 and other civil-rights obligations may be directly involved.
Ask the PHA whether it has a reasonable-accommodation or Section 504 grievance procedure applicable to the decision. A particular program decision may also have a separate review or hearing process, depending on what was decided.
Those internal procedures do not eliminate the right to raise an unlawful housing-discrimination issue with the appropriate civil-rights agency.
HUD FHEO accepts disability-discrimination complaints
A person who believes a housing provider or PHA unlawfully denied a reasonable accommodation or otherwise discriminated because of disability may report the matter to HUD's Office of Fair Housing and Equal Opportunity (FHEO).
Under the Fair Housing Act, a complaint generally must be filed with HUD within one year of the last alleged discriminatory act. Other civil-rights authorities can have different procedures, so waiting until the end of that period is risky.
HUD may investigate directly or refer certain complaints to a state or local fair housing agency that enforces substantially equivalent law.
If loss of housing is threatened while a discrimination complaint is pending, tell HUD or the investigating agency about that risk as early as possible.
Send the request to the decision-maker instead of waiting for the next recertification
A disability-related housing need can arise at any point in a PBV tenancy. There is no reason to wait for the next annual review merely because the accommodation was not needed when the family first moved in.
Identify the barrier, decide whether the owner, PHA, or both control it, and make the request as soon as the need becomes clear.
The Project-Based Voucher program divides responsibilities between the PHA and property owner, but neither side can avoid an applicable disability obligation simply by telling the tenant that the other entity is responsible.
For the tenant, the most useful record is straightforward: what disability-related barrier exists, what change was requested, who received the request, what limited verification was supplied when necessary, and how the owner or PHA responded.