August 2021 Coach's Quiz

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: c

Reason: Rules #4 and #5 apply here:

Rule #4: Determine If Requested Accommodation Is Reasonable

Rule #5: Offer Alternatives to Unreasonable Accommodations

Requests for an accommodation aren’t reasonable if they cause harm to others. Giving in to Arlene’s demands would compel you to take the space away from Jake, who needs it as a reasonable accommodation for his own disability. However, flatly denying Arlene’s request is inadvisable, and in some jurisdictions illegal, without first exploring alternative accommodations. One possibility is to approach Jake and see if he’d be open to giving up the space and accepting a substitute. Or, perhaps you can offer Arlene a space only slightly further away. So, c. is the right answer.

Wrong answers explained:

a.            The reason a. is wrong is that you should generally grant requests in the order received and avoid any discussion about who’s more disabled than someone else. Moreover, Arlene’s request isn’t reasonable since it would force you to take adverse action against Jake.

b.            This choice is wrong because while Arlene’s request is unreasonable, denying the request at this point would be premature. Instead, you should continue the accommodations process by engaging Arlene in a discussion about alternatives that would serve her needs without forcing you to harm Jake or any other person. 

QUESTION #2

Correct answer: b

Reason: Rule #7 applies here:

Rule #7: Keep Requestor’s Personal Information Confidential

You should put up a sign marking the space “Reserved,” but it shouldn’t say anything about disability or identify the resident or his unit number since this is privacy-protected information that you generally can’t disclose except in narrow circumstances (such as when disclosure is required by law). Thus, b. is the right answer.  

Wrong answers explained:

a.            The reason a. is wrong is that all you need to say to accomplish the purpose of posting the sign—that is, to keep others from parking in the space—is that the space is reserved. You don’t have to say why it’s reserved.

c.             This choice is wrong because a “disability” reserved sign that lists the tenant’s name and/or unit number essentially discloses the fact that the tenant is disabled, in violation of privacy laws.

d.            This answer doesn’t work because posting a sign to indicate that the space is reserved is often necessary to keep others out and ensure the disabled tenant has access to the space at all times; the problems arise when you include personal information about the tenant or disability in the sign posting.

QUESTION #3

Correct answer: b

Reason: Rule #2 applies here:

Rule #2: Don’t Reject Accommodations Because of How or When They’re Requested

The FHA doesn’t require that a reasonable accommodation request be made in any particular way or at any particular time. So, while it might have been easier had she done it when first moving in, it doesn’t matter that the tenant requested the parking accommodation several months into her tenancy. Of course, the fact that the accommodation request is valid doesn’t necessarily mean that you must grant it; but it does mean that you must evaluate it as you would any other request for a reasonable accommodation.  

QUESTION #4

Correct answer: d

Reason: Rule #3 applies here:

Rule #3: Properly Verify the Requestor’s Disability and Need for the Accommodation

Upon receiving a request for a disability-related parking accommodation, you’re entitled to ask for information necessary to verify that the requestor meets the FHA definition of “disabled” and explain how the requested accommodation is necessary for that disability. However, if it’s readily apparent that the requestor is disabled and why he needs the accommodation, you can’t ask for any further information about the disability or need for accommodation. So, d. is the right answer.

Wrong answers explained:

a.            The reason a. is wrong is that it’s readily apparent that the requestor is mobility-impaired, which counts as a disability under the FHA.

b.            This answer is wrong because you’re not allowed to ask doctors and others for an explanation of why the requested accommodation is needed for the disability when that information is obvious. Such is the case when a person with a mobility impairment requests a reserved parking space near his apartment.