February 2018 Coach's Quiz
We’ve given you seven rules to follow to help protect your community from disability discrimination claims. 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.
QUESTION #1
An applicant wants to rent a unit in your community. She is divorced and shares custody of her teenage son, who lives with her every other week. She satisfies your screening requirements, but the son’s appearance and behavior makes you believe he has emotional problems. Since you are worried that he may pose a threat to the community or other residents, you have reasonable cause to reject the application. True or false?
a. True.
b. False.
QUESTION #2
When screening applicants, it’s a violation of fair housing law to ask any disability-related questions. True or false?
a. True.
b. False.
QUESTION #3
Although your community has a policy of providing unassigned parking, an applicant says she wants an assigned parking space near to the building entrance because of a disability. She doesn’t use a cane or appear to have any difficulty walking, but you could trigger fair housing trouble if you ignore her request. True or false?
a. True.
b. False.
QUESTION #4
An applicant who uses a motorized scooter due to a mobility impairment wants to rent a ground-floor unit, but he says he needs a ramp to the building entrance. You may refuse the request unless he agrees to use a contractor who has done work at your community in the past. True or false?
a. True.
b. False.
COACH’S ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
Reason: Rule #1 applies here:
Rule #1: Don’t Discriminate Against Applicants or Residents for Disability-Related Reasons
You could face a fair housing complaint if you reject the application simply because you suspect the prospect’s son has emotional problems. The FHA specifically bars communities from discriminating against applicants or residents because they—or someone associated with them—has a disability. There is an exception for individuals with a disability whose tenancy would constitute a “direct threat” to the health or safety of others or would result in substantial physical damage to the property of others. However, it applies only when based on an individualized assessment using objective evidence—not on stereotypes about a disability. Even then, the community couldn’t exclude him without considering whether there are any reasonable accommodations that would eliminate or significantly reduce any threat he may pose to the community or its residents.
QUESTION #2
Correct answer: b
Reason: Rules #2 and #5 apply here:
Rule #2: Don’t Ask the Wrong Questions
Rule #5: Follow the Rules on Verifying Disability After Receiving a Reasonable Accommodation Request
Although fair housing law generally forbids housing providers from asking applicants or residents for disability-related information, there are a few disability-related questions that you may ask during the screening process, provided you ask all applicants, regardless of whether they have a disability. For example, you may ask applicants whether they may be qualified for units that are available only to individuals with a disability or for a priority available only to individuals with disabilities. Depending on the circumstances, you may also ask for disability-related information if necessary to evaluate requests for reasonable accommodations or modifications.
QUESTION #3
Correct answer: a
Reason: Rules #3 & #5 apply here:
Rule #3: Follow Standard Procedures to Handle Reasonable Accommodation Requests
Rule #5: Follow the Rules on Verifying Disability After Receiving Reasonable Accommodation Request
You may not ignore the applicant’s request for an assigned parking space close to the building simply because she doesn’t display any outward appearance of a disability. The definition of “disability” is broad enough to cover an array of physical impairments, such as a heart or lung condition, which wouldn’t require use of a cane but would significantly affect an individual’s ability to walk long distances. Treat the request as a request for a reasonable accommodation and follow up by requesting verification of her disability in accordance with fair housing rules regarding disability-related inquires.
QUESTION #4
Correct answer: b
Reason: Rule #7 applies here:
Rule #7: Follow Standard Procedures to Handle Requests for Reasonable Modifications
The applicant has an obvious mobility impairment and his request to build the ramp is a reasonable modification, so your community must grant the applicant’s request to build the ramp at his expense. You may not condition approval of the applicant’s request to build the ramp on using the contractor who has done work at your community in the past. You may require only that whoever does the work is reasonably able to build the ramp in a workmanlike manner and obtains all necessary building permits.
See The Lesson For This Quiz
| How to Protect Your Community from Disability Discrimination Claims |