What Is A Reasonable Modification Under The Fair Housing Act?

by | Last updated on January 24, 2024

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Under the Fair Housing Act, a reasonable modification is

a structural change made to existing premises, occupied or to be occupied by a person with a disability

, in order to afford such person full enjoyment of the premises.

What is the difference between a reasonable accommodation and a reasonable modification?

Under the Fair Housing Act, a reasonable modification is a structural change made to the premises whereas a reasonable accommodation is

a change, exception, or adjustment to a rule, policy, practice, or service

.

What are reasonable accommodations in housing?

A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that

may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling

, including public and common use spaces.

What is a reasonable modification under the ADA?


A public accommodation

shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the …

What is a major factor in determining whether an accommodation for a disabled tenant is reasonable?

To receive a reasonable accommodation: (A)

the tenant must show that she has a disability

; (B) the tenant must show the accommodation may be necessary to afford her an equal opportunity to use and enjoy a dwelling; and (C) the accommodation must seem reasonable on its face.

What are the four types of accommodation?

Accommodations are typically grouped into four categories:

presentation, response, setting, and timing and scheduling

.

Who is not protected under the Fair Housing Act?


Race, color, religion, sex, handicap, familial status, national origin

. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren’t protected classes under the federal law, but are sometimes protected by certain local state fair housing laws.

What is a reasonable modification?

Under the Fair Housing Act, a reasonable modification is

a structural change made to existing premises, occupied or to be occupied by a person with a disability

, in order to afford such person full enjoyment of the premises.

What is not a reasonable accommodation?

4. What accommodations are not considered reasonable? Reasonable accommodation

does not include removing essential job functions

, creating new jobs, and providing personal need items such as eye glasses and mobility aids.

What are examples of accommodation?

  • sign language interpreters for students who are deaf;
  • computer text-to-speech computer-based systems for students with visual impairments or Dyslexia;
  • extended time for students with fine motor limitations, visual impairments, or learning disabilities;

How quickly must an employer respond to a request for reasonable accommodation?

According to the EEOC,

there is no specific amount of time that employers have to respond

to an accommodation request, but they should respond as quickly as possible. Unnecessary delays in responding or implementing an accommodation can result in a violation of the ADA.

What are the three factors used to determine undue hardship?

There are only three factors to consider in assessing undue hardship:

cost, outside sources of funding and health and safety requirements

, if any.

What are examples of the type of reasonable accommodations that a supervisor may provide?

  • making existing facilities accessible;
  • job restructuring;
  • part-time or modified work schedules;
  • acquiring or modifying equipment;
  • changing tests, training materials, or policies;
  • providing qualified readers or interpreters; and.
  • reassignment to a vacant position.

    (

Who pays for a reasonable accommodation?


The housing provider is typically responsible

for costs associated with accommodations. However, the person with a disability is typically responsible for the cost of a modification (though not, for example, in cases where the housing provider receives federal financial assistance).

What are the three steps for an individual to request a reasonable accommodation?

  1. Step 1: Determine Whether the Employer Is Covered by the ADA. …
  2. Step 2: Ensure a Policy and Procedure Exist for Handling Accommodation Requests. …
  3. Step 3: Determine Whether the Employee with a Disability Is “Qualified” …
  4. Step 4: Initiate the Interactive Process.

Do all tax credit properties fall under 504?

Answer:

No

. Under HUD’s Section 504 regulations, specifically at 24 C.F.R.

Timothy Chehowski
Author
Timothy Chehowski
Timothy Chehowski is a travel writer and photographer with over 10 years of experience exploring the world. He has visited over 50 countries and has a passion for discovering off-the-beaten-path destinations and hidden gems. Juan's writing and photography have been featured in various travel publications.