July 2022 Coach's Quiz
Now that we’ve outlined the 10 steps to take to avoid liability for failing to provide reasonable accommodations to a disabled applicant or tenant, let’s see how well you learned the material. Take the COACH’s Quiz below to see if you can apply the rules to real-life situations. Each question has one and only one correct answer. Good luck!
QUESTION #1
Mack, a 70-year-old gentleman who uses a wheelchair due to his impaired mobility, wants to live next to his best friend, Donald. So, when the apartment next door to Donald opens up, he applies. The problem: The building is a 45-year-old five-story walk-up garden apartment without elevators. And the available apartment is on the third floor. So, Mack requests that you install an elevator in the building. He’s even willing to pay for the elevator. You determine that, based on the building’s age and infrastructure, installing an elevator is an impossibility. What should you do?
A Reject the request because the accommodation is unreasonable.
b. Reject the request but determine if there are any apartments on the ground floor or other alternatives you can offer.
c. Accept the accommodation request.
QUESTION #2
Several months after moving into your community, a tenant tells you that she’s disabled and asks you to exempt her from the no-pets policy so she can keep a therapy cat in her apartment. What should you do?
- Grant the request, provided that she verifies her disability and need for the cat.
- Grant the request, provided that she pays a pet deposit to cover any damage the cat does.
- Deny the request because she didn’t ask for the accommodation when she first moved in.
QUESTION #3
A tenant who needs a cane to walk requests a reserved parking space near his apartment to accommodate his disability. Which, if any, of the following information can you require him to provide?
a. Documentation of the medical reason for his mobility impairment.
b. A note from a doctor or medical professional explaining why he needs a reserved parking space near his apartment.
c. Both of the above.
d. Neither of the above.
COACH’S ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
Reason: Steps 6 and 7 apply here:
Step 6: Determine If Requested Accommodation Is Reasonable
Step 7: Consider Alternative Accommodations If Request Is Unreasonable
Requests for an accommodation aren’t reasonable if they impose an undue financial burden or are technically impossible. Installing an elevator is both of the above. However, flatly denying Mack’s request is inadvisable, and in some jurisdictions illegal, without first exploring alternative accommodations. One possibility is to determine if there are any available apartments on the ground floor. You can also gauge Donald’s interest in transferring to a ground-floor unit so that he can be right next door to Mack. So, b. is the right answer.
Wrong answers explained:
a. The reason a. is wrong is that while Mack’s request for an elevator is clearly unreasonable, cutting off the process at this point without exploring the possibility of alternatives would be premature and potentially risky.
c. This choice is wrong because the request is not reasonable to the extent that it’s technologically impossible to install an elevator in that building.
QUESTION #2
Correct answer: a
Reason: Steps 2, 5, and 8 apply here:
Step 2: Don’t Reject an Accommodation Because of How or When It Was Requested
Step 5: Properly Verify the Requestor’s Disability and Need for Accommodation
Step 8: Don’t Charge Accommodation Request Fees or Deposits
Exempting a therapy or service animal from a no-pets policy is a reasonable accommodation, provided that the requestor can verify that she has a disability and demonstrate the nexus, or link, between the disability and requested accommodation. Since neither of these things are self-evident in this case, the landlord would be entitled to ask the tenant to provide a medical note or other verification. So, a. is the right answer.
Wrong answers explained:
b. The reason b. is wrong is that the landlord isn’t allowed to require a pet deposit if the tenant’s request to keep a service or therapy animal is reasonable.
c. This answer is wrong because 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 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 #3
Correct answer: d
Reason: Steps 1 and 5 apply here:
Step 1: Ensure Requestor Is (or Is Acting on Behalf of) a Disabled Person
Step 5: Properly Verify the Requestor’s Disability and Need for Accommodation
Upon receiving a request for an 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. The reason b. is wrong is 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.
See The Lesson For This Quiz
| 10 Steps to Avoid Liability for Refusing Reasonable Accommodations |