PROCEDURE FOR RESPONDING TO REQUESTS FOR A REASONABLE ACCOMMODATION AND SECTION 504/ADA COMPLAINT PROCEDURE AND GUIDELINES. of the

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Ashley Gaines
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1 Fair Housing Act of 1968, as amended Section 504 of the Rehabilitation Act of 1973 Fair Housing Amendment Act of 1988 Americans with Disabilities Act of 1990 PROCEDURE FOR RESPONDING TO REQUESTS FOR A REASONABLE ACCOMMODATION AND SECTION 504/ADA COMPLAINT PROCEDURE AND GUIDELINES of the Housing Opportunities Commission (HOC) of Montgomery County, Maryland Approved May 1995 Revision March 2004

2 HOUSING OPPORTUNITIES COMMISSION PROCEDURE FOR RESPONDING TO REQUESTS FOR A REASONABLE ACCOMMODATION GENERAL PRINCIPLES 1. This procedure for evaluating and responding to requests for a reasonable accommodation relies on a cooperative relationship between us and the individual. The process is not adversarial. 2. The Request For A Reasonable Accommodation Form is designed to help H.O.C. and the individual. If a person cannot use the Form, H.O.C. will still respond to the request for a reasonable accommodation. 3. If the accommodation is reasonable (see procedure 3 below), H.O.C. will grant it (Also see principle 5 below). 4. Where the reasonable accommodation is requested by an applicant in order to overcome negative information, or by a resident in order to overcome a lease violation, H.O.C. will make the following additional determinations: What is the essential impact of the negative information or lease violation? How serious is it, and exactly how does it impact us? Does the requested accommodation eliminate, or satisfactorily reduce, the essential impact, so that the person can occupy the housing with a reasonable expectation of success? If the requested accommodation is reasonable and produces a reasonable expectation of success, H.O.C. will grant the request. 5. Reasonable accommodations will be focused on the individual and designed to address each person s situation. 6. In some cases, reasonable accommodations may be perceived (incorrectly) by nondisabled resident as conferring a special advantage on a person with disabilities; however, H.O.C. will not base their decisions on others perceptions, but rather on whether the reasonable accommodation is effective in removing the barriers which inhabit a person with disabilities from accessing and using the housing program. 7. Communications under this procedure will be in plain language, in a format appropriate to meet the communication needs of the person with disabilities. 8. Any meeting required by this procedure will be held in an accessible location. 2

3 9. This procedure will be administered by the H.O.C. Fair Housing and Equal Opportunity (FHEO) Officer. PROCEDURE 1 COMMUNICATION WITH APPLICANTS AND RESIDENTS 1. All applicants /residents will be provided the Request For A Reasonable Accommodation Form (Request Form) upon request. 2. H.O.C. will respond in writing to all Request Forms. 3. All decisions to grant or to deny reasonable accommodations will be communicated in writing. PROCEDURE 2 SEQUENCE FOR MAKING DECISIONS 1. Is the applicant /resident a qualified individual with handicaps? (a) If NO, H.O.C. is not obligated to make a reasonable accommodation, and H.O.C. may deny the request. (b) If YES, go to step 2. (c) If more information is needed, either write for more information using the standard Request For More Information letter, or request a meeting using the standard Request For Meeting letter. 2. Is the requested reasonable accommodation related to the disability? (a) If No, H.O.C. is not obligated to make the reasonable accommodation, and H.O.C. may deny the request. (b) If YES, go to step 3. (c) If more information is needed, either write for more information using the standard Request For More Information letter, or request a meeting using the standard Request For Meeting letter. 3. Is the requested accommodation reasonable? H.O.C. will make this determination by following Procedure 3 Guidelines for Determining Reasonableness. (a) If YES, H.O.C. will approve the request for a reasonable accommodation. A written description of the reasonable accommodation will be prepared and included in the approval letter. 3

4 (b) (c) If NO, HOC may deny the request. Denial will be made in writing. If more information is needed, either write for more information using the standard Request For More Information letter, or request a meeting using the standard Request For Meeting letter. PROCEDURE 3 - GUIDELINES FOR DETERMINING REASONABLENESS 1. In some instances, H.O.C. will accept the judgment of the person with a disability that a reasonable accommodation is needed. However, H.O.C. retains the option to require the person with disabilities to show through appropriate professional medical documentation, the need for an accommodation to enable him/her to access and use the housing program. 2. In some instances, H.O.C. will accept the judgment of the person with disabilities that the requested reasonable accommodation is the most appropriate for him or her. However, H.O.C. retains the option to investigate alternatives to the requested accommodation, and/or alternative methods of providing the requested accommodation. This might include a program transfer within or without the Housing Opportunities Commission and/or Montgomery County. 3. If a number of potential reasonable accommodations will satisfy the needs of the person with disabilities, H.O.C. retains the option to select the accommodation which is most convenient and cost-effective for us. This includes the option to select a change in procedure or policy, rather than to make a structural change, when the procedural change would be equally effective. 4. Does the requested reasonable accommodation constitute a fundamental alteration in the Agency s programs or activities? If so, H.O.C. will deny the request. 5. Does the requested accommodation create undue financial and administrative burdens for H.O.C.? If so, H.O.C. will deny the request. PROCEDURE 4 GUIDELINES FOR ADMINISTRATION 1. In accordance with General Principle #9, above, this procedure will be administered by the H.O.C. FHEO Officer. 2. All Request For A Reasonable Accommodation Forms must be submitted to the H.O.C. FHEO Officer, Detrick Avenue, Kensington, Maryland 20895, for review and a determination of eligibility or as stated in #4, below. 4

5 3. All correspondence related to the Request for A Reasonable Accommodation, verbal and written, will be handled by the H.O.C. FHEO Officer with the exception of #4 below. 4. The Property Manager and Resident Manager are encouraged to Accept an eligible request for their specific housing program if the request for a reasonable accommodation does not exceed $500, does not involve program changes and/or transfers, residency and eviction decisions. A copy of the Request for a Reasonable Accommodation must be forwarded to the H.O.C. FHEO Officer following the decision. 5. The H.O.C. FHEO Officer and the Division Director responsible for the specific housing program will make the decision to Accept or Reject an eligible request if the request for a reasonable accommodation does not exceed $7, The H.O.C. FHEO Officer and the Division Director responsible for the specific housing program will make a recommendation to the Executive Director to Accept or Reject an eligible request if the request for a reasonable accommodation exceeds $7, The HOC FHEO Officer and the Division Director, or designee, are responsible for approval of live-in aides. HOC will approve a person as a live-in aide if the person will reside with one or more elderly persons, near-elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care and well-being of the person(s); (2) Will provide the care; (3) Is not obligated for the support of the person(s); (4) Would not be living in the unit except to provide the necessary supportive services; and (5) Meets relevant occupancy requirements of housing program; and The person(s) requesting an aide must demonstrate that he/she has the resources, either personal or third party, to compensate the aide, if payment is required. The person(s) requesting the aide must provide HOC with a completed Health Provider s Verification of Need for a Reasonable Accommodation in Housing, or similar documentation from a provider. While a relative may be considered to be a live-in aide/attendant, they must meet the above requirements, especially number (4). The live-in aide qualifies for occupancy only as long as the individual needing supportive services requires the aide's services and remains a tenant, and may not qualify for continued occupancy as a remaining family member. 5

6 Staff may require that the household member be evaluated for his or her capacity to accomplish activities of daily living (ADLs). Such an evaluation should include a statement from a health care provider stating how many hours a day of care are required. If the above criteria are not met, staff may consider adding an individual to the household in accordance with applicable program rules. Individual will be required to sign a residency agreement or similar document. The household will also be required to document the services that the aide provides. If the request for a live-aide is granted, the live-in aide s income is not calculated as part of annual household income, in accordance with Agency and program regulations. 8. A file will be established for each individual Request for a Reasonable Accommodation Form with all subsequent correspondence and information. This file will be maintained in the office of the H.O.C. FHEO Officer. 9. The H.O.C. FHEO Officer will submit a quarterly report to the Executive Director showing the number of requests, the disposition of those requests and any outstanding issues. 6

The Don Senior Apartment

RESIDENT SELECTION PLAN (RSP) The Don Senior Apartment POLICY ON NON-DISCRIMINATION With respect to the treatment of applicants, the Management Agent will not discriminate against any individual or family