March 2011 Coach's Quiz
We have discussed the 10 most common myths about how to recognize and handle requests for reasonable accommodations. Now let's look at how the myths could lead to fair housing problems 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.
And this month, there's an extra credit assignment: Judge for Yourself, a description of an actual court case. Test yourself on whether you think the community should be held liable, and then check the summary of the court's ruling to see how much you have learned.
The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
Your community allows residents to park anywhere, but an applicant says she wants an assigned parking space because she can't walk too far. You can't be accused of a fair housing violation if you:
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Ignore her comment because she didn't ask for a reasonable accommodation for a disability.
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Ignore her comment because she doesn't appear to be disabled.
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Treat her comment as a reasonable accommodation request.
QUESTION #2
A resident, who uses a wheelchair due to a mobility disorder, asks for a staff member to drive her to medical appointments as a reasonable accommodation for her disability. Since she has a disability-related need for the accommodation, you must grant her request. True or false?
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True.
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False.
EXTRA CREDIT: JUDGE FOR YOURSELF
In a recent court case, a condo association was accused of violating fair housing law by failing to grant a resident's request to keep a golf cart as a reasonable accommodation for a disability.
The complaint alleged that, before moving to the community, the resident bought a golf cart to increase her mobility due to multiple physical conditions that impeded her ability to walk significant distances without shortness of breath. The resident said that, on advice from her doctor, she and her husband moved to Florida and bought a condo, which was on a multi-acre campus with facilities located significant distances from each other and their condo unit. Although there was no rule prohibiting the use of a golf cart on the premises, according to the resident, she said she told the board about her golf cart before moving in. She said that she complied with the board's request for a doctor's note, and the board approved her use of the golf cart on the premises.
Allegedly, the resident used the golf cart for four years without complaint or incident, until the newly elected board president sent her a letter requesting updated medical documentation and threatening removal of the golf cart if she didn't comply within 30 days.
The resident said that she provided the requested medical report, but that the board failed to respond, effectively denying her request to use the golf cart as a reasonable accommodation. The resident also alleged that, following her complaint with a local fair housing agency, she became the victim of harassment and threats by members of the condo association.
The resident sued, but the condo association asked the court to dismiss the case.
How did the court rule?
Coach's Answers and explanations
QUESTION #1
Correct answer: c
If you picked the wrong answer, Myths #2, #4, or #10 could be to blame:
Myth #2: Only Formal Requests for Reasonable Accommodation Must Be Considered
Myth #4: Request Can Be Denied If the Reason for It Isn't Obvious
Myth #10: You Don't Need a Formal Process for Reasonable Accommodation Requests
Though the applicant's comment is somewhat vague, it suggests that she may have a disability-related need for an assigned parking space. Your best bet is to have a formal policy on how to handle reasonable accommodation requests, and to follow it whenever an applicant or resident says she needs or wants an exception to your general rules for a disability-related reason.
Wrong answers explained:
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Don't ignore the applicant's comment simply because she didn't say anything about needing a “reasonable accommodation.” Although an applicant isn't entitled to receive a reasonable accommodation unless she asks for one, the law doesn't require an applicant to use the term “reasonable accommodation” or make a request in a particular manner.
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Don't ignore the comment simply because she doesn't appear to be disabled. The FHA's disability provisions apply to many diseases or conditions that don't have obvious signs or symptoms.
QUESTION #2
Correct answer: b
If you picked the wrong answer, Myth #8 could be to blame:
Myth #8: You Have to Grant the Request Whatever the Cost
The FHA doesn't require you to take the resident to medical appointments as an accommodation for her disability, because her request is unreasonable. If your community doesn't provide transportation services for residents, then driving her to medical appointments would require a fundamental change in the nature of your operations. Instead of simply denying the request, however, the HUD/DOJ guidelines say that you should explore possible alternatives and discuss them with the resident.
ANSWER: JUDGE FOR YOURSELF
In a ruling issued in November 2010, the federal court in Florida ruled that the resident was entitled to pursue her claims under fair housing law.
According to the court, the complaint adequately alleged that the resident had a disability that substantially limited her ability to walk long distances, and that the golf cart was an accommodation necessary to afford her the opportunity to enjoy her dwelling.
The court refused to dismiss her claim that the condo association effectively denied her request to keep the golf cart as a reasonable accommodation for disability. The complaint alleged that she got permission for the golf cart before she moved in and that she used it without complaint for four years. She alleged that the board asked for additional medical documentation and threatened to remove it at her expense. Based on allegations that the board continued to threaten and harass her after she complied, the court ruled that she was entitled to further proceedings on her claim that the board effectively denied her reasonable accommodation request [Alley v. Les Chateaux Condo Assn., Inc., November 2010].
QUESTION #1
Correct answer: c
If you picked the wrong answer, Myths #2, #4, or #10 could be to blame:
Myth #2: Only Formal Requests for Reasonable Accommodation Must Be Considered
Myth #4: Request Can Be Denied If the Reason for It Isn't Obvious
Myth #10: You Don't Need a Formal Process for Reasonable Accommodation Requests
Though the applicant's comment is somewhat vague, it suggests that she may have a disability-related need for an assigned parking space. Your best bet is to have a formal policy on how to handle reasonable accommodation requests, and to follow it whenever an applicant or resident says she needs or wants an exception to your general rules for a disability-related reason.
Wrong answers explained:
-
Don't ignore the applicant's comment simply because she didn't say anything about needing a “reasonable accommodation.” Although an applicant isn't entitled to receive a reasonable accommodation unless she asks for one, the law doesn't require an applicant to use the term “reasonable accommodation” or make a request in a particular manner.
-
Don't ignore the comment simply because she doesn't appear to be disabled. The FHA's disability provisions apply to many diseases or conditions that don't have obvious signs or symptoms.
QUESTION #2
Correct answer: b
If you picked the wrong answer, Myth #8 could be to blame:
Myth #8: You Have to Grant the Request Whatever the Cost
The FHA doesn't require you to take the resident to medical appointments as an accommodation for her disability, because her request is unreasonable. If your community doesn't provide transportation services for residents, then driving her to medical appointments would require a fundamental change in the nature of your operations. Instead of simply denying the request, however, the HUD/DOJ guidelines say that you should explore possible alternatives and discuss them with the resident.
ANSWER: JUDGE FOR YOURSELF
In a ruling issued in November 2010, the federal court in Florida ruled that the resident was entitled to pursue her claims under fair housing law.
According to the court, the complaint adequately alleged that the resident had a disability that substantially limited her ability to walk long distances, and that the golf cart was an accommodation necessary to afford her the opportunity to enjoy her dwelling.
The court refused to dismiss her claim that the condo association effectively denied her request to keep the golf cart as a reasonable accommodation for disability. The complaint alleged that she got permission for the golf cart before she moved in and that she used it without complaint for four years. She alleged that the board asked for additional medical documentation and threatened to remove it at her expense. Based on allegations that the board continued to threaten and harass her after she complied, the court ruled that she was entitled to further proceedings on her claim that the board effectively denied her reasonable accommodation request [Alley v. Les Chateaux Condo Assn., Inc., November 2010].
See The Lesson For This Quiz
| Separating Fact From Fiction: Clearing Up Misconceptions About Reasonable Accommodation Requests |