Coach's Quiz
We have given you eight rules to follow to help you avoid discriminating against the mobility impaired. Now let's look at how the rules might apply in the real world. Take the COACH's Quiz to see what you have learned.
INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1)b, 2)a, and so on.
COACH's TIP: The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
Emilio would like to lease a unit in your community. He says that he cannot walk long distances and needs to use a motorized wheelchair in the common areas. What should you do?
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Tell Emilio that your community does not allow motorized vehicles in the common areas.
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Ask Emilio what is wrong with him.
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Tell Emilio that he and his wheelchair are welcome in your community.
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Ask Emilio if he could find another way of getting around, perhaps with a walker or cane, because he looks pretty healthy to you.
QUESTION #2
Carmen is interested in renting a unit in your community. As a child she had polio, so she walks with braces on both legs and uses two canes. The only units available in your community are on the top floor of an elevator building. What should you tell Carmen?
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Tell Carmen that there are no units available in your community.
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Tell Carmen about the available units, and ask her if she would like to see them.
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Tell Carmen that you think she would be happier in a ground floor unit and that you will notify her as soon as one becomes available.
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Tell Carmen there are no ground floor units available in your community, but that you know there are ground floor units available across the street in a similar community.
QUESTION #3
Your community was available for first occupancy in December 1950. John, who has resided in the same unit in your community for the past 10 years, is mobility impaired and has mentioned to one of your staff members that he thinks he needs an access ramp over the two steps leading to his unit. What should you do?
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Tell John that he is welcome to have a ramp safely and soundly built and that your community will look into contributing to the expense of building it.
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Tell John that he may not build a ramp, because it is obvious he doesn't need it and you won't pay for it anyway.
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Ignore John's request for the ramp because he hasn't put it in writing.
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Tell John that if he wants to build a ramp, he will have to purchase an additional liability policy to cover anyone who may be injured because of the ramp.
QUESTION #4
Jane is one of the first residents of your new community, which became available for first occupancy last month. She needs to use a wheelchair both inside and outside her ground-floor unit. She has just telephoned you to complain that she cannot reach the thermostat for her unit from a sitting position in her wheelchair, and that she has trouble getting into and out of the bathroom because the doorway is too narrow for her wheelchair. What should you do?
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Tell Jane that she should have checked these things out before she signed the lease, and that now she's stuck.
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Tell Jane that you will be happy to fix the doorway and the thermostat as long as she pays for it.
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Ignore Jane's complaints because she has not made a formal request for modifications.
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Tell Jane that the doorway and the thermostat will be fixed as soon as possible, at the community's expense.
Coach's Answers & Explanations
QUESTION #1
Correct answer: c
Reason: Rules #2, #6, and #7 apply here:
Rule #2: Don't Ask About Mobility Impairments
Rule #6: Grant Reasonable Requests for Accommodations
Rule #7: Don't Ban Motorized Wheelchairs
Reasonable requests for accommodation to community policy, such as a request to use a motorized device to allow use and enjoyment of a dwelling, should be granted unless they are unduly burdensome, financially or administratively, to your community.
Wrong answers explained:
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Even if your community bans motorized vehicles in the common areas, you need to make an exception to this rule for mobility-impaired prospects and residents who need motorized access to the common areas of your community, or you could be liable for violating fair housing law.
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Even when a prospect or resident appears healthy to you, you cannot inquire about the type or extent of their mobility impairment without violating fair housing law.
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Unless Emilio's use of his motorized wheelchair will cause your community an undue financial or administrative burden, suggesting he find another means of assistance could result in fair housing liability for you and your community.
QUESTION #2
Correct answer: b
Reason: Rules #1 and #3 apply here:
Rule #1: Don't Exclude the Mobility Impaired
Rule #3: Don't Steer
Carmen's mobility impairment should not have any impact on what units you show her, unless she expresses a preference for specific units.
Wrong answers explained:
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Unless it is true, telling Carmen there are no units available in your community effectively excludes her from your community and is fair housing discrimination.
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Telling Carmen where you think she will be happy is steering, in violation of fair housing law.
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Similarly, assuming that Carmen would be happier in a unit on the ground floor of a community and directing her to one where there are ground floor units available is steering, in violation of fair housing law.
QUESTION #3
Correct answer: a
Reason: Rules #4 and #8 apply here:
Rule #4: Don't Refuse Reasonable Requests for Modifications
Rule #8: Don't Ask for ‘Extras’ from Mobility-Impaired Residents
If building a ramp will allow John to “use and enjoy his dwelling” and he cannot do so without one, then John's request to build a ramp is a reasonable request for a modification. John is responsible for the expense because your community was first occupied prior to March 13, 1991, but your community is certainly free to share the expense with him.
Wrong answers explained:
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Denying a reasonable request for a modification because you think your mobility-impaired resident doesn't really need it is a violation of fair housing law. If you are unsure of whether the modification is necessary, ask John for medical verification of his disability and justification of the modification from a medical provider.
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Once your staff member becomes aware of John's desire for a modification, you are on notice of it. You cannot ignore this request, even if it isn't formal or in writing, without incurring fair housing liability.
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Courts have consistently held that requiring mobility-impaired residents, or any disabled residents, to purchase extra insurance because of their disability is fair housing discrimination.
QUESTION #4
Correct answer: d
Reason: Rule #5 applies here:
Rule #5: Know the Accessibility Requirements for Your Community
Since your community was first available for occupancy after March 13, 1991, it must comply with the seven design and construction requirements for accessibility. The placement of the thermostat and the narrowness of the doorway in a ground-floor apartment violate these rules and must be fixed at the community's expense.
Wrong answers explained:
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It is not the responsibility of the mobility-impaired prospect or resident to make sure that your community is in compliance with accessibility requirements; it is the community's responsibility to be sure it is in compliance. The mobility-impaired prospect or resident has every right to expect that your community is in compliance with the law, and he can't be faulted for not knowing that the community isn't in compliance.
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Since your community has failed to meet its responsibility under the law, it is the community's financial responsibility to bring itself into compliance.
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Regardless of how you hear about a request for modification, you should not ignore it. There is no requirement that such a request be made in writing or formally. Your staff must be trained to recognize when these requests are being made, even when they are in the form of a complaint, and they must know how to respond appropriately. Ignoring any request for modification will almost always lead to fair housing trouble.