4.3 B. Reasonable Accommodation in Rules, Policies, Practices or Services

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

B. Reasonable Accommodation in Rules, Policies, Practices or Services

The FHAA concept of reasonable accommodation in rules, policies, practices or services is based upon that found in the case law and regulations under § 504 of the Rehabilitation Act and is similar to the reasonable accommodation provisions subsequently incorporated into the ADA. Such accommodations must be made if necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.³¹

The HUD regulations set forth several examples of reasonable accommodations that would be required. In the case of a blind applicant for rental housing who wants to live in a dwelling unit with a service dog, for example, where the building has a “no pets” policy, the owner or manager of the apartment complex must permit the applicant to live in the apartment with a service dog because, without such dog, the blind person will not have an equal opportunity to use and enjoy the dwelling.

As another example, an individual with a mobility impairment applies for housing in a 300-unit apartment complex which has 450 parking spaces available to tenants and guests on a first-come, first-served basis. Such individual is unable to walk more than a short distance and therefore requests that a parking space near his unit be reserved for him. The owner or manager must make this accommodation because...