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7 Mistakes To Avoid When Asking For Disability
7 Mistakes To Avoid When Asking For Disability
If a person’s disability is obvious, or otherwise known to the site, and if the need for the
requested accommodation is also readily apparent or known, then you can’t ask for any
additional information about the individual’s disability or disability-related need for the
accommodation, according to federal guidelines. For example, if an applicant with an obvious
mobility impairment asks for a parking space near the entrance to the building, then you can’t
ask him for further information, because both the disability and the disability-related need for
the accommodation are readily apparent.
However, reasonable accommodation doesn’t mean that anyone with any disability must have
every request approved. If there’s no connection between the disability and the request, the
landlord isn’t required to grant the accommodation.
That’s why the guidelines allow you to ask for additional information from an applicant with an
obvious disability if the need for an accommodation isn’t readily apparent.
Mistake #3: Treating Requests from People Who Don’t Have Obvious Disabilities
with Suspicion
Everyone needs to understand that all disabilities are equal under the law. As far as fair housing
law is concerned, a resident with a physical disability is no “more disabled” than a person
diagnosed with depression. It doesn’t matter whether it’s a physical disability that can be seen,
a physical disability that can’t be seen such as lupus or epilepsy, or an emotional or mental
illness like depression. All people with these disabilities have equal standing under the law, and
each is just as entitled to his particular reasonable accommodations as the others.
When handling a reasonable accommodation request from someone who doesn’t have an
obvious or apparent disability, federal guidelines allow you to request reliable disability-related
information that is:
• Necessary to verify that he meets the FHA’s definition of “disability” (that is, has a
physical or mental impairment that substantially limits a major life activity);
• Describes the needed accommodation; and
• Verifies the connection between his disability and the need for the requested
accommodation.
The type and source of documentation that may be required to verify disability depends on the
circumstances, according to the guidelines. Verification may come from an applicant himself,
for example, with proof that an individual under age 65 receives Supplemental Security Income
or Social Security Disability benefits or “a credible statement by the individual.” A doctor or a
medical professional, peer support group, or reliable third party in a position to know about the
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individual’s disability may also provide verification of a disability. In most cases, the guidelines
state that an individual’s medical records or detailed information about the nature of his
disability are not necessary to verify a disability.
Once it’s established that the applicant has a qualifying disability, the site may seek information
necessary to evaluate whether the requested accommodation is needed because of that
disability. The information must be kept confidential and may not be shared with others
(absent disclosure required by law) unless they need it to evaluate the accommodation request.
Mistake #4: Adopting a ‘One Size Fits All’ Policy for Disability Verification
Consistency is often the key to fair housing compliance—but not when it comes to reasonable
accommodation requests. Each of these disability accommodation requests is unique and must
be considered based on its specific facts.
The same holds true when asking for disability-related information related to reasonable
accommodation requests. Verification of disability should not be seen as if we do it for one, we
must do it for all. In some instances, you can ask applicants and residents who request
reasonable accommodations to provide certain disability-related information—just don’t make
the mistake of assuming you can do the same with everyone who makes a reasonable
accommodation request.
When it comes to asking for disability-related information, tailor your requests to what you
need to evaluate the reasonable accommodation request. Let’s say a person in a wheelchair
wants a reserved parking space. You shouldn’t ask her for documentation because both the
disability and the need for the requested accommodation are obvious. If the same resident
wants a flashing light fire alarm, the mobility disability is obvious, but the need for the
accommodation, which is usually associated with a hearing impairment, is not. That means you
can’t ask her to verify the disability, but you can ask for information to verify that there is a
disability-related need for the requested accommodation.
But take a third example: A resident walks into your office and says he needs a parking space
right near the entrance, but he needs a quick answer because he has to get to his aerobics
class. In circumstances like these, you can ask for verification of the disability and the disability-
related need for the requested accommodation because neither is obvious or apparent.