Disability Q&A

Monday, December 03, 2012

Q: Can my request for a reasonable accommodation be denied?

A: Yes. Your reasonable accommodation request can be denied if: (a) you do not have a disability (b) there is no disability-related need for the accommodation, or (c)  the accommodation imposes an undue financial or administrative burden on the housing provider or fundamentally alters the nature of their business.

Q: Can I be required to put my request in writing?

A: No. While a housing provider can request that it be documented in writing, they cannot requireit. If a tenant refuses to put it in writing, a landlord must treat the request as if it was submitted in writing.

Q: What kinds of information can a housing provider request from me if I have an obvious or known disability and I’m requesting a reasonable accommodation?

A: Housing providers are entitled to obtain necessary information to determine if the requested accommodation relates to the tenant’s disability. However, if the person’s disability is obvious and if the need for the accommodation is also readily apparent, housing providers may notrequest any additional information about the disability.

Q:  Can a housing provider deny an accommodation if it involves costs to him/her personally?


A: No. Courts have ruled that housing providers may be expected to grant accommodations that involve some costs to them, as long as the accommodation does not pose an unduefinancial burden.

Q: If a housing provider grants a waiver of a “no-pet” policy for a tenant who needs a service animal, can the “no-pet” policy still be applied to other tenants?

A: Yes. Only a tenant with a disability who requests an accommodation for a service or emotional support animal is entitled to be excused from the “no-pets” rule.

Q: Can I be required to obtain liability insurance as a condition for granting my accommodation request?

A: No.