Rural Rental Housing Meeting 5/21/14 Reasonable Accommodations Assistance Animals RURAL DEVELOPMENT.

Slides:



Advertisements
Similar presentations
Rural Rental Housing Meeting 5/21/14
Advertisements

SERVICE ANIMALS Iowa Civil Rights Commission Grimes State Office Building 400 E 14 th Street Des Moines, IA OR
FAIR HOUSING FOR TENANTS WITH DISABILTIES UNDERSTANDING REASONABLE ACCOMMODATIONS AND REASONABLE MODIFICATIONS Ann-Marie Dooley Staff Attorney Legal Aid.
Metro Fair Housing Services, Inc. Atlanta, GA (404) Lyonel LaGrone, Jr. Metro Fair Housing Services, Inc.
Fair Housing Issues: Pitbulls and Other Hairy Topics
Housing Presentation November 16, 2005 Pete Cantrell, Attorney.
FAIR HOUSING, SECTION 504 & REASONABLE ACCOMMODATIONS/ASSISTANCE ANIMALS DEPARTMENT OF HOUSING & URBAN DEVELOPMENT MPNAHRO JUNE16,2014 JUNE16,2014.
4/00/ ©2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations The Americans with Disabilities Act (ADA): Part I.
How does this Work in Real Life?
Fair Housing Act Reasonable Accommodations (RA) Gina McDonald Director Salina Human Relations Commission.
FAIR HOUSING & SERVICE ANIMALS EQUAL ACCESS BEGINS WITH KNOWING THE LAW!
11 Introduction to Housing Discrimination Laws for Independent Living Center Staff August 20, :00 p.m. – 4:30 p.m. EDT Presenters: Claire Chantler.
Disability Criteria Having a record of such an impairment
1 MARSHALL SPACE FLIGHT CENTER POLICY GUIDANCE ON EXECUTIVE ORDER ESTABLISHING PROCEDURES TO FACILITATE THE PROVISION OF REASONABLE ACCOMODATION.
© 2004 Texas Southern University1 Texas Southern University Employee Education and Awareness Training Legal Essentials for Supervisors The Family Medical.
THURMAN MILES, DIRECTOR FORT WORTH FHEO CENTER REASONABLE ACCOMMODATION DOCUMENTATION.
Service & Emotional Support Animals
The Legal Series: Employment Law I. Objectives Upon the completion of training, you will be able to: Understand the implications of Title VI Know what.
Presented by THE STATE BAR OF CALIFORNIA ● REAL PROPERTY LAW SECTION Fair Housing and Public Accommodations Subsection Medical Marijuana in California.
NAVNEET GREWAL NATIONAL HOUSING LAW PROJECT LAAC FRESNO TRAVELING TRAINING NOVEMBER 17, 2009 Housing Rights for Tenants with Disabilities
Fair Housing, Section 504 & Reasonable Accommodations
REASONABLE ACCOMMODATION Thurman G. Miles, Director Fort Worth FHEO Center.
Students with Disabilities Transition into College Prepared by the ND Colleges and Universities Disability Services Council February 2007.
Reasonable Accommodation in MHSA Housing Anne Cory MHSA TA Operations Call Corporation for Supportive Housing June 1,
The Animals are Coming! 33rd Annual CCNY Conference Friday, June 5, 2015 Julie Hawkins, pH.D. Colgate University.
2010 Revised ADA Regulations: Service Animals 2010 Revised ADA Regulations Mid-Atlantic ADA Center Silver Spring, Maryland March 10, 2011.
Beth Rosen-Prinz Regional Administrator California Department of Fair Employment & Housing.
Margaret Rose McDonnell Kathleen A. Rinehart.  The IDEA – ◦ Applies from birth to age 21, or until the student receives the regular education diploma.
The Affects of Fair Housing on Social Service Programs Amber Young, LMSW & Stephanie Bloom, LMSW.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PITTSBURGH FHEO PRESENTS.
Presented By Cyn Ukoko,
Chapter 5 Section 504 and the Americans with Disabilities Act Jacob, Decker, & Hartshorne 1.
Fair Housing for Tenants with Disabilities Reasonable Accommodations & Modifications: Understanding the Law & Developing a Policy NC Affordable Housing.
Rights Of Individuals With Disabilities Who Use Service Animals  The Americans With Disabilities Act (ADA)  The Arizonans With Disabilities Act (AzDA)
SECTION 504 AND THE ELDERLY. SYNOPSIS OF 504 AND LAWS FAIR HOUSING REASONABLE ACCOMODATIONS ADA: NEW PROVISIONS APPLICABLE. BASICALLY EVERYTHING QUALIFIES.
Karen’sKorner What are YOU in for? Um…well, I asked someone about their service animal.
Jonathan Delman Transitions RTC University of Massachusetts Medical School 1.
Fair Housing in Focus LIHTC Basics & Reasonable Accommodations.
Iowa Civil Rights Commission Disclaimer The information contained in this presentation is a brief overview and should not be construed as legal advice.
Titles II and III of the ADA Sherrie Brown CHID/LSJ 434 February 2009.
Service Animal in Housing Sol Kim U.S. Department of Housing and Urban Development
INDIVIDUALS WITH PSYCHIATRIC DISABILITIES Chris Kuczynski Assistant Legal Counsel ADA Policy Division.
Lael Robertson Supervising Attorney Mid-Minnesota Legal Aid What is Reasonable? – Reasonable Accommodations in Housing Law.
Overcoming Barriers to Housing People with Disabilities in the Community Yasmin Farahi October 28, 2015.
Students with Disabilities Transitioning into College Prepared for TRCS November 2010.
SERVICE ANIMALS A Users Perspective. Service Animals A Users Perspective  #1. Not All Disabilities are Visible  #2. A Person with a Disability is the.
REASONABLE ACCOMMODATIONS & ASSISTANCE ANIMALS HARRY J. KELLY, ESQ NARPM BROKER/ DEALER RETREAT LAS VEGAS, NV | APRIL 12, 2016.
Commissioner Kymberlee Stutzman. The Fair Housing Act prohibits housing discrimination on the basis of disability. WHO?WHAT? WHEN?WHERE? WHY?HOW?
Americans with Disabilities Act (ADA) 1990 What Teachers Should know about Title II – Public Educational Institutions. Presented by Janie Beverley.
LANDLORD BEST PRACTICES FOR FAIR HOUSING COMPLIANCE.
2016 SPRING BUSINESS LEADERS BREAKFAST RENTAL MARKET UPDATE NEWS AND FUN FACTS Presented by: Lynne LaBombard
The Health Care Provider’s Role in Ensuring Housing Rights of Patients with Disabilities Presented by: Kris Keniray, Assistant Director.
MANAGING OPIOID ADDICTION IN THE WORKPLACE Valerie C. Samuels, Esquire Posternak Blankstein & Lund LLP Prudential Tower 800 Boylston Street Boston, MA.
Fair Housing Forum: Understanding and Enforcing Fair Housing
Service and Support Animals on Campus
The Fair Housing Act and Your Coop
Your Fair Housing Rights – Applying for Housing
Titles II and III of the ADA
Understanding the Section 504 Process
Fair Housing and the Commission on Human Rights and Opportunities
Section 504 of the Rehabilitation Act of 1973
Reasonable Accommodations with an Emphasis on Assistance Animals
Serving Veterans with Disabilities and ADA Compliance
Service Animals and Assistance Animals Anna Elento-Sneed
Service Animals & Comfort animals
Fair Housing and Equal Opportunity Compliance Reviews
Legal protections for Dv survivors
Fair Housing . . .It’s the Law!
Accommodations & Assistance Animals Ben Watson, NEOC ben
Emotional Support and Service Animals in University Housing
Presentation transcript:

Rural Rental Housing Meeting 5/21/14 Reasonable Accommodations Assistance Animals RURAL DEVELOPMENT

Reasonable Accommodations = Changes, exceptions or adjustments in rules, policies, practices, or services when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling Sometimes referred to as “reasonable modifications” if making physical changes

Applicable Laws on RD 515 Projects Fair Housing Act Section 504 of the Rehabilitation Act – Both Laws require reasonable accommodations – Section 504 imposes greater obligations including Housing owners/managers providing and paying for reasonable accommodations that involve physical modifications

Reasonable Accommodations Who is disabled? – Definition per Housing Act of 1949 » Is expected to be of long-continued and indefinite duration » Substantially impedes his or her ability to live independently, and » Is of such a nature that such disability could be improved by more suitable housing conditions, or if such person has a developmental disability as defined in section 102(7) of Developmental Disability and Bill of Rights Act – Definition per Fair Housing Act » A physical or mental impairment which substantially limits one or more major life activities; or » A record of such an impairment, or » Being regarded as having such an impairment

If No Accommodation Requested Housing Provider may ask of all applicants: – Applicants ability to meet requirements of tenancy …BUT can not make judgment if they are able to live independently – If a current illegal abuser or addict of controlled substance – If qualify for housing legally available on a priority basis to person with a disability

Verifying a Disability for Accommodation May not- – ordinarily inquire as to nature and severity of disability – request documentation on disability or disability related need if disability is obvious or known and need is readily apparent or known – request medical records May- – Request info necessary to verify person meets disability definition (i.e. SSI or Social Security Disability) – Request description of needed accommodation – Request info that shows relationship between disability and need for accommodation Verification can come from the individual (SSI, SSDI or credible statement), doctor, medical professional, peer support group, non- medical service agency, or reliable third party in a position to know about individuals disability For assistance animals, allowed to require verification to come from professional medical or health care provider.

Reasonable Accommodations It is unlawful to refuse to provide accommodation at the borrowers expense that would NOT: 1.cause undue financial or administrative burden 2.fundamentally alter the nature of the providers services -Garbage example

Reasonable Accommodations (Cont’d) Ensure procedures in place for requesting, documenting and responding to reasonable accommodation requests – Recommend requests and responses be in writing but not required Ensure hearing impaired or vision impaired receive assistance necessary to afford them access to services (i.e. provide sign language interpreter, large print) Even if discrimination not intended, possible Civil Rights consequences.

In this instance, the shower would not create a financial or administrative burden. Providers should generally provide and pay for requested alterations to a unit.

Can a request be denied? Only if……… – Request not made on behalf of a person with disability – No disability related need for accommodation – Would impose an undue financial or administrative burden on provider – Fundamentally alter the nature of the providers service Generally reasonable accommodations must be made and paid for by owner/manager

Examples of Reasonable Accommodations Install a ramp so that an individual who uses a wheelchair can access a unit A landlord who does not allow reserved parking spots makes an exception to this policy to accommodate a disabled tenant who needs a specific space that is close to their unit Add grab bars in bathroom Allow an assistance animal at complex with no pets policy

Defining “reasonable”: The decision whether the requested accommodation is reasonable or unreasonable, whether providing the accommodation would cause an undue financial or administrative burden, or would cause a fundamental alteration to the providers services lies with the housing provider and would be for the housing provider to defend should a Civil Rights complaint subsequently be filed. Housing providers may wish to consult with their legal counsel prior to denying a request. – Case- by- case basis involving cost, financial resources, benefits to the requester and alternative accommodations that would meet needs USDA will provide regulation guidance and facts but not opinions (i.e. notify there is x amount in the reserve fund). It is not USDA’s position to define reasonable for the housing provider. Requests for reasonable accommodations must be handled in accordance with the management plan.

On to Assistance Animals….

Assistance Animals Reference HUD FHEO Notice FEHO dated 4/25/13 Section 504 of the Rehabilitation Act and Fair Housing Act treat assistance animals the same Do not confuse 504/Fair Housing “Assistance Animal” definition with ADA “Service Animal” definition – ADA definition applicable to areas of “public accommodation” (i.e. rental office) – ADA Service animals are only trained dogs (also provision for miniature horse)

Terminology Various names given to these animals such as: – Assistance animals – Service animals – Support animals – Companion animals – Therapy animals – Emotional support animals For consistency HUD/DOJ uses “assistance animal” for Fair Housing/504 applicability and “service animal” for ADA applicability We will focus on “assistance animals” under Section 504/Fair Housing- applies to all RD 515 MFH Properties

Section 504/Fair Housing Assistance Animals Assistance animals are not pets Animal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates symptoms

Section 504/Fair Housing Assistance Animals (Cont’d) Animals perform disability related functions Assistance animals under Fair Housing/Section 504 can be animals other than just dogs Animals do not have to be trained or certified

Section 504/Fair Housing Assistance Animals (Cont’d) Animals perform many disability related functions such as:  Guide blind or low vision individuals  Alert individuals who are deaf or hard of hearing to sounds  Provide emotional support to persons with disabilities who have a disability-related need for such support  Provide rescue or protection assistance  Alerting of impending seizures  Fetching items  Pulling a wheelchair

Housing provider must consider: Does person seeking to use and live with animal have a disability Does the person have a disability-related need for an assistance animal?

Verifying a Disability for an Assistance Animal May not- – ordinarily inquire as to nature and severity of disability – request documentation on disability or disability related need if disability is obvious or known and need is readily apparent or known – Request medical records or detailed/extensive information about physical or mental impairments May- – Request info necessary to verify person meets disability definition (i.e. SSI or Social Security Disability) – Request description of needed accommodation – Request info that shows relationship between disability and need for accommodation For assistance animals, allowed to require verification to come from professional medical or health care provider.

Can Assistance Animal be Denied? Only if…. – Person doesn’t have a disability or disability-related need – Animal causes an undue financial or administrative burden on the housing providers services – Animal would cause a fundamental alteration to the housing providers services – Animal poses a direct threat to health/safety of others that cannot be reduced or eliminated by another reasonable accommodation – Animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation

Can Assistance Animal be Denied? (Cont’d) Health/Safety and Damage determination must be based on individualized assessment relying on objective evidence about actual conduct of that specific animal – Not on speculation or evidence of other animals Breed, size and weight limitations may not be applied to an assistance animal Cannot automatically limit number of animals- case-by-case

Pet/Assistance Animal Policies No fees related to having pets can be applied to assistance animals – Pet deposits, liability insurance, automatic fumigation requirement, etc. Rules can only be made for assistance animals regarding health/safety/nuisance/damages such as: – Required vaccination records – Proper waste disposal – Quiet enjoyment Resident can be held liable for damages animal causes

Pet/Assistance Animal Policies (Cont’d) Typically regular rules that cover health, safety, nuisance/quiet enjoyment, damages which apply to everyone can be applicable to assistance animal issues without need for separate policy Specific Assistance Animal Policies can be created for a project as long as they only cover health, safety, nuisance, damages

Enforcement Update HADCO Settles on Service Animal Issue The Housing Authority of Douglas County (HADCO) will pay nearly $100,000 to a family which had been wrongly evicted for keeping a service dog in its Reedsport apartment according to Oregon Attorney General Ellen Rosenblum. Raynie Case, whose daughter suffered from life-threatening juvenile diabetes, filed a 2009 disability discrimination complaint with Oregon's Bureau of Labor and Industries. She alleged that the property manager at Forest Village Apartments demanded she remove a puppy which was in training to help her identify, by scent, dangerous dips in her daughter's blood-sugar levels. "Certain kinds of dogs can be trained to detect and alert when a diabetic's blood sugar levels are dangerously low," the Department of Justice noted in a news release. "Ms. Case obtained a service puppy to live with them while being trained to detect these critical fluctuations. "The girl's previous service dog, Hunter, had been retired after it was diagnosed with a terminal illness. The property manager at the housing authority's Forest Village Apartments, in Reedsport, demanded that Case remove the dog. When Case refused, the manager began eviction proceedings. This was followed by what the Department of Justice described as repeated harassment by on-site maintenance staffers, who questioned the dog's validity as a service animal. The dog did not bond with the girl because of stress in the home, and Case was unable to obtain a replacement, the Department of Justice reported. HADCO, which runs the 24-unit Forest Village complex, agreed to pay $167,000 in damages, which included nearly $100,000 to the Case family and their attorney. HADCO also agreed to pay civil penalties and attorneys' fees to the Department of Justice and Bureau of Labor and Industries. Employees of the housing authority will be required to attend trainings focused on state and federal fair housing discrimination law.

Additional Training Resources Illinois Dept. of Human Rights Training Videos on Disabilities and Fair Housing – /Fair_Housing_Videos.aspx /Fair_Housing_Videos.aspx HUD Fair Housing Training Webinar 8/20/14 – /shared/working/r10/fh/training /shared/working/r10/fh/training

Questions on Reasonable Accommodations or Assistance Animals?