Fair Housing Act (FHA) /

Americans with Disabilities

Act (ADA) / Reasonable
Accommodations and
Modifications for Residents -
State of IL
Customer Service Impact:
The Fair Housing Act and other state and federal laws prohibit discrimination against individuals with
disabilities and require that property owners make reasonable accommodations and allow for
reasonable modifications in order that individuals with disabilities and their guests may fully enjoy
the facilities and programs offered by Lincoln Property Company. It is the policy of Lincoln Property
Company that every employee will fully comply with these laws.

Standard
No employee of Lincoln Property Company shall discriminate against an individual because that individual or a
member of the individual's household has a disability, because the individual has guests or family members
who have a disability, or because the individual appears or is regarded as having a disability.
No employee of Lincoln Property Company shall retaliate in any way against an individual based on that
person's exercise of rights under the Fair Housing Act or any other law prohibiting discrimination. This applies
to all individuals, with or without disabilities.
Lincoln Property Company will make reasonable accommodations in its rules, policies, practices, and services,
when such accommodations may be necessary to afford a person with a disability equal opportunity to use
and enjoy his or her residence.
Lincoln Property Company will permit residents with disabilities to make reasonable modifications to their
residence and other parts of the apartment community if the modification is made at the resident's expense,
is necessary to afford the resident full enjoyment of his or her residence, and meets the other requirements
described below.

Task Breakdown
1. In order to avoid discrimination against individuals with disabilities and their guests, Lincoln Property
Company employees will not:
a. Inquire about the existence, nature or severity of the disability of any resident or prospective resident
or their guests except as specifically provided in this policy.
b. Make any notation or entry on a residence application or in the lease file for any resident concerning a
disability unless the resident requests a reasonable accommodation or modification. When such
notation is warranted, it will be limited to a description of the requested reasonable accommodation or
modification. In instances where the disability-related need for the requested reasonable
accommodation or modification is not obvious or is unknown, the supporting documentation allowed by
law to substantiate the need may also be included.
c. Say or do anything that might suggest Lincoln Property Company does not welcome residents with
disabilities or people with disabilities who are guests of residents, does not have residences suitable for
residents with disabilities, or is unwilling to accommodate the needs of residents with disabilities or
guests of any residents.
d. Require that residents or prospective residents with disabilities pay additional deposits, provide
additional financial information or otherwise treat residents or prospective residents with
disabilities differently from other residents and prospective residents.
e. Take any action against a resident, prospective resident or guest who has a disability or believed
to have a disability in retaliation for that resident, prospective resident or guest's request for a
reasonable accommodation or modification, or in response to the filing by the resident or guest of a
complaint concerning discrimination with Lincoln Property Company or any city, state or federal agency.
2. Lincoln Property Company will make reasonable accommodations by changing its rules, policies,
practices, and services for residents with disabilities and their guests as follows:
a. Examples of common reasonable accommodations are:
Providing a reserved parking space near the resident with a disability's apartment for an
individual who has a mobility impairment or other disability-related need.
Waiving a no pets rule or pet deposit, pet fee and/or pet rent for residents with service or
assistance animals (which includes emotional support animals),
Providing alternative means of communication for residents or prospective residents with
disabilities, such as providing a sign language interpreter for a deaf resident, or providing
electronic copies of documents that can be read by a text reader for blind or low-vision
residents.
b. A resident must request a reasonable accommodation, but it is not necessary that the request use the
words reasonable accommodation. No special form of request is required, nor does such a request need
to be in writing. If a reasonable person would understand that an accommodation or modification is
being asked for that is sufficient to meet this standard. Such requests are appropriately made orally, in
writing or by email addressed to the staff of the property.
c. Employees should not comment on the request or make any inquiry about the resident's disability or
particular need before referring the request to the Business Manager and RPM.
Requests by prospective residents concerning a service or assistance animal may be dealt with
by any leasing agent following the Procedures for Service and Assistance Animals below.
Requests by prospective residents for sign language interpreters or other communication aids
may be dealt with by any leasing agent following the procedures Effective Communication below.
d. The employee should fill out a Reasonable Accommodation / Modification Request Form via the online
system. The RPM will receive notification via email that a Reasonable Accommodation / Modification
Request Form has been completed. The RPM must view the Reasonable Accommodation / Modification
Request Form via the online system and add a "memo" stating approved / not approved and any other
pertinent notes.
e. If the disability-related need for accommodation is not apparent the employee should request that the
resident or prospective resident obtain a Verification Letter confirming disability or disability-related
need using the provided form. The employee or RPM should not make any inquiries beyond those in the
Verification Letter. The resident should not be required to use the form if they provide the same
information in a different format; for example, a letter from their doctor or therapist.
f. The employee must give the resident or prospective resident Lincoln's ADA instructional
document, Reasonable Accommodation Packet.
g. The Business Manager may approve expenses associated with a reasonable accommodation up to
$500. Requests requiring a greater expense must be approved by the RPM or RVP.
h. If there is any question about the need for the requested accommodation, the cost of the requested
accommodation, or the possibility of alternative accommodations that are less expensive or easier to
implement the Business Manager, RPM or RVP should engage in a good faith effort to discuss the issue
with the resident or prospective resident and find a mutually acceptable accommodation. No request for
reasonable accommodation should ever be refused unless there has first been one or more discussions
with the resident or prospective resident, preferably in person, to try to find a solution.
i. All documentation regarding requests for accommodations must be kept confidential and loaded in
the online incident reporting system and stored with the Reasonable Accommodation / Modification
Request. Forms must then be shredded and must not be kept on site.
3. Lincoln Property Company will allow residents to make reasonable modifications to their apartments and other
facilities at the expense of the resident if necessary for a resident with a disability or a resident with guests
with a disability to fully enjoy the premises as follows:
a. All requests for modifications should be referred to the RPM.
b. The employee should fill out a Reasonable Accommodation / Modification Request Form via the online
system. The RPM will receive notification via email that a Reasonable Accommodation / Modification
Request Form has been completed. The RPM must view the Reasonable Accommodation / Modification
Request Form via the online system and add a "memo" stating approved / not approved and any other
pertinent notes.
c. If it appears the requested modification is not reasonable, even at the resident's expense, the Business
Manager, RPM or RVP should engage in a good faith effort to discuss the issue with the resident and
find a mutually acceptable accommodation. No request for reasonable modification should ever be
 refused unless there has first been one or more discussions with the resident or prospective resident,
preferably in person, to try to find a solution.
d. For approved structural modifications, the resident may request that Lincoln's service staff perform the
modifications if they are qualified and available to do the work. Any applicable resident payment must
be made at the time that the work is performed, and may not be made in installments or over the lease
term.
e. If the resident elects to use an outside contractor, the contractor must be approved, and provide to the
Business Manager the appropriate certificates of insurance naming the appropriate Lincoln entity and
Owner as additional insured, and they must sign the Vendor Insurance Requirement Agreement prior to
performing any work on site.

Reasonable Accommodation for Service and Assistance Animals

1. A resident or prospective resident who (a) has a disability and (b) has a disability-related need for a service,
assistance or support (including emotional support) animal is entitled to two kinds of reasonable
accommodation: (1) waiver of a no pets policy and (2) waiver of any pet deposit, pet fee or pet rent. This
policy describes how that reasonable accommodation entitlement should be dealt with.
a. No accommodation is required unless the resident or prospective resident requests it. The employee
should fill out a Reasonable Accommodation / Modification Request Form via the online system. The
RPM will receive notification via email that a Reasonable Accommodation / Modification Request Form
has been completed. The RPM must view the Reasonable Accommodation/ Modification Request
Form via the online system and add a "memo" stating approved / not approved and any other
pertinent notes.
b. If a resident or prospective resident requests a reasonable accommodation for a service animal or
assistance animal, you may request evidence that the resident or prospective resident has a
disability unless the disability is obvious or known.
c. Unless the need for a service or assistance animal is obvious (a guide dog for a blind person, for
example) you can also ask the resident or prospective resident for evidence that they have a disability-
related need for the animal. This will usually take the form of a letter from the resident or prospective
resident's doctor, therapist or other medical professional. If you have a question about whether the
note or letter is sufficient you should consult with the RVP or RPM. In some cases, it is permissible to
ask for additional evidence. The Reasonable Accommodation Packet can be provided to the resident or
prospective resident.
d. Once a resident or prospective resident produces evidence of their disability and/or a disability-related
need for the animal you must waive any no pets rule or pet deposit, pet fee or pet rent requirement.
e. In its recent guidance, HUD noted the proliferation of ESA requests, and verifications from online
companies for a one-time fee. In evaluating these letters, HUD noted:
"Some websites sell certificates, registrations, and licensing documents for assistance animals to
anyone who answers certain questions or participates in a short interview and pays a fee. Under the
Fair Housing Act, a housing provider may request reliable documentation when an individual requesting
a reasonable accommodation has a disability and disability-related need for an accommodation that
are not obvious or otherwise known. In HUD's experience, such documentation from the internet is not,
by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-
related need for an assistance animal. By contrast, many legitimate, licensed health care professionals
deliver services remotely, including over the internet. One reliable form of documentation is a note
from a person's health care professional that confirms a person's disability and/or need for an animal
when the provider has personal knowledge of the individual."
2. Important notes concerning service and assistance animals:
a. For purposes of the Fair Housing Act assistance animals are not required to be dogs, but can be any
kind of animal for which the disabled person has a disability-related need. Other animals commonly
kept in households such as cat, birds, small mammals, fish and turtles can qualify as an assistance
animal under the Fair Housing Act. For animals not commonly kept in households, the disabled resident
carries a heavy burden to show a disability-related need for the animal.
b. Although you must waive a pet deposit for a disabled resident with a disability-based need for the
animal the resident remains responsible for any loss or damage caused by the animal. In addition, the
resident is responsible for the behavior of the animal, especially when it is around other residents or
guests. The animal must be under the control of the individual utilizing the assistance animal. If the
animal poses a threat to others because of its behavior or causes damage and the threat or damaging
behavior cannot be mitigated or accommodated you can ask the resident to remove the animal from
 the property. Note, however, that you cannot assume based on the size or breed of the animal that it
will pose a threat. That determination must be based on actual conduct. Further, removal from the
property can only occur if the problem cannot be mitigated or accommodated.
c. The reasonable accommodation rule applies to guests of residents as well. If a resident's guest has a
disability-related need for a service or assistance animal, then the guest must be allowed to visit with
the animal without payment of any deposit, fee or rent.

Effective Communication with Disabled Residents

1. Lincoln Property Company will provide, at its own expense, auxiliary aids and services needed for effective
communication with disabled residents and prospective residents.
2. On request Lincoln Property Company will hire an American Sign Language interpreter to help communicate
with deaf residents or prospective residents with impaired auditory and/or oral skills and will schedule an
appointment with the interpreter present at the earliest opportunity.
3. If circumstances do not permit hiring an interpreter for a deaf resident or prospective resident employees may
communicate with the resident or prospective resident using notes or other written communications at the
consent of the resident or prospective resident. Employees should never ask a family member or friend of a
deaf resident or prospective resident to provide interpretation services, but should accept communication in
this form if the resident or prospective resident requests it.
4. On request Lincoln Property Company will provide copies of its lease application, lease, and any other
documents, including promotional materials, in the form of an accessible pdf file. In addition, if requested,
read to the resident or prospective resident any documents needed to assist the resident or prospective
resident in his or her dealings with Lincoln Property Company.

Decisions and Review

1. Decisions on modification or accommodation should be provided to the resident or prospective resident
in writing. Email is considered in writing for this purpose.
2. A decision to deny an accommodation or modification should include a notice to the resident or
prospective resident that the resident or prospective resident may request that the decision be reviewed.
3. If a resident or prospective resident requests a review, all of the documents related to the request, including
emails to and from the resident or prospective resident, should be forwarded to the Regional Property
Manager and LPC legal.
4. Reviews will be completed and a decision made within five business days after they are submitted to the
Regional Property Manager and LPC legal.

Documenting ADA Requests in ServiceNow

Incident Report - Lincoln Incident Reporting System link
Reasonable Accommodation Packet / Verification of Disability - State of IL
Service Now Learning Video
ACCOMMODATION AND MODIFICATIONS FOR DISABLED TENANTS, PROSPECTIVE TENANTS
AND GUESTS

If you are disabled, or you have guests who are disabled, you may be entitled to a waiver or
exception from our community policies. This is called a reasonable accommodation. You may
also be entitled to make changes or modifications to your residence, or to common areas of the
property. This is called a reasonable modification. This sets out our policy concerning requests
for reasonable accommodation and reasonable modification. You can read more about these
requests at the end of this document

Procedure for requesting an accommodation or modification.

Tenants or prospective tenants with obvious disabilities

If you regard your disability as obvious simply contact the office staff who will fill out the
Request for Accommodation / Modification form on your behalf.

Other tenants or prospective tenants

If your disability is not obvious contact the office staff who will fill out the Request for
Accommodation / Modification form on your behalf, have your healthcare provider complete
the Verification Form and return it to the leasing office.

What we do with the forms.

We will evaluate the request and respond to it within five business days. If the matter is urgent
let us know and we will do our best to respond more quickly.

In some cases we may need additional information after we receive your request and proof of
disability forms. If so we will notify you of what we need and why we need it.

We want to help.

We are happy to fill out the request forms for you, and we can accept other kinds of evidence
of disability if they meet all of our requirements.

We understand that occasional visits from guests with a disability cannot be easily fit into the
procedure above. If you expect to have guests who are disabled and would require a waiver of
one of our policies we ask only that you notify us in advance if possible of the disability and
requested accommodation so our staff is aware of the situation. If you expect to have regular
visits from a disabled guest requiring an accommodation we ask that you follow the procedures
above for that guest.

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For Tenants: Request for Accommodation / Modification Procedure
What you need to know about disabilities and accommodations or modifications

We are committed to complying with all federal, state and local laws concerning disability
discrimination. Here is some additional information about accommodation and modification
requests.

What is a disability?

A “disability” (sometimes called a “handicap”) is “a physical or mental impairment which limits

one or more major life activities.” In general, a physical or mental impairment includes hearing,
mobility and visual impairments, most chronic diseases and conditions, including but not
limited to chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, cancer, and
diabetes as well as intellectual disability if these conditions limit one or more major life
activities. Major life activities include walking, talking, hearing, seeing, breathing, learning,
performing manual tasks, and caring for oneself. “Disability” does not include current illegal use
of or addiction to a controlled substance.

What is an accommodation?
An accommodation is a modification to or waiver of one of our policies and procedures that is
necessary for a disabled tenant, prospective tenant or guest use and enjoy the apartment and
common areas of the community.

What is a modification?

A modification is a physical change to the apartment or common areas of the community

necessary for a disabled tenant, prospective tenant or guest use and enjoy the apartment and
common areas of the community.

Who pays for accommodations and modifications?

In general, any minor costs associated with a requested accommodation are the responsibility
of the community. If the costs are excessive the requested accommodation may not be
“reasonable” (see below).

Costs associated with a modification are the responsibility of the tenant or prospective tenant.
A tenant making a modification may also be required to reverse the work at the end of the
lease term in some cases.

Reasonableness.

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For Tenants: Request for Accommodation / Modification Procedure
 A request for accommodation must be reasonable; that is, it must not be too expensive or
unduly burdensome to us or to your neighbors. If we believe a requested accommodation or
modification is not reasonable we will let you know and try to work with you to find a
reasonable solution.

Special procedures for modifications.

After we approve a requested modification we will work with you to have the work completed
in a way that minimizes disruption to the community and is consistent with the standards of the
community. Additional information about this process is included in the Approval of Requested
Modification form that you will receive if your request is approved.

_____________________________________________ ____________________________________
Applicant Signature Date

_____________________________________________ ____________________________________
Applicant Signature Date

_____________________________________________ ____________________________________
Applicant Signature Date

3
For Tenants: Request for Accommodation / Modification Procedure
 VERIFICATION OF DISABILITY AND
NEED FOR ACCOMMODATION OR MODIFICATION

Printed Name of applicant, resident, occupant:

Community Name:
Requested Modification / Accommodation:

Reason applicant/resident/occupant says accommodation or modification is needed:

Verification of Disability

I confirm that the person named above has a disability related need for the requested accommodation
or modification listed above and that accommodation or modification is necessary to provide the
person named above with the full and equal use and enjoyment of the rental property.

Signature of Verifying Party

Printed name of Verifying Party

Address, City and Zip

Telephone Number:

Section 100.201 of the federal Fair Housing Act defines “handicap” as follows:
“…with respect to a person, a physical or mental impairment which substantially limits one or more
major life activities; a record of such an impairment; or being regarded as having such an impairment.
This term does not include current, illegal use of or addiction to a controlled substance. …” The
Supreme Court has determined that to meet this definition, a person must have an impairment that
prevents or severely restricts the individual from performing activities that are of central importance in
most peoples’ daily lives.
Lincoln will comply with all requirements of the federal Fair Housing Act as well as any relevant state
or local anti-discrimination and fair housing laws as may be applicable.
ILLINOIS LAW: The definition of disability under relevant Illinois law does not require that the
disability substantially limit a major life activity.

Verification of Disability