Are you a housing provider (including, but not limited to, Co-op’s Condominiums, Home Owners Associations)seeking guidance on reasonable accommodation and modification requests under the Fair Housing Act (FHA)? Learn how to handle service animal policies, emotional support animal requests, and housing provider responsibilities while avoiding legal penalties.
What Are Reasonable Accommodation Requests?
Under the Fair Housing Act (FHA), housing providers—including co-op boards, condominium associations, home owner associations, landlords, and managing agents—are required to make reasonable accommodations and modifications for individuals with disabilities. These adjustments ensure that all residents have equal access to housing.
Examples of reasonable accommodations include:
- Allowing emotional support animals despite “no-pet” rules.
- Assigning handicap accessible parking spaces.
- Installing ramps, grab bars, or other accessibility features in common areas.
Accommodation requests must demonstrate a clear connection (or nexus) between the individual’s disability and their requested housing needs.
Who Must Comply With These Laws?
The FHA applies broadly to anyone involved in housing, including:
- Co-op boards, condominium associations and Home Owners Associations.
- Property owners and landlords.
- Real estate brokers and managing agents.
Additionally, if your property is in the 5 boroughs of NYC, the NYC Human Rights Law (NYCHRL) will also apply to these requests. The NYCHRL has stricter requirements than the FHA or the NYS Human Rights Law, including a mandate to engage in a cooperative dialogue when a resident requests an accommodation. Failure to comply with these laws can lead to discrimination claims, fines, or lawsuits.
Can Housing Providers Deny an Emotional Support Animal Request?
Yes, but only under specific conditions:
- Lack of a Nexus: If the accommodation request does not clearly relate to the resident’s disability, it may be denied.
- Undue Hardship: If the request imposes significant financial or operational strain, housing providers can refuse it.
Example: In one case, a co-op denied an ESA request based on a generic certificate from an online registry, which courts found insufficient proof of necessity. Look out for bogus certificates.
Best Practices for Handling Accommodation Requests
- Engage in a Cooperative Dialogue
- NYC requires housing providers to discuss the request with residents to explore their needs and potential alternatives.
Request Documentation When Appropriate
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- For non-observable disabilities, accept letters from licensed healthcare providers that establish the medical necessity of the accommodation. Avoid reliance on online certifications that lack credibility.
- Act Quickly
- Delays in responding to reasonable accommodation requests can be considered constructive denials, opening the door to legal claims.
- Stay Transparent and Flexible
Discuss alternative accommodations when the initial request seems unreasonable.
Legal Risks for Noncompliance
Failing to meet your obligations under the FHA, NYS Human Rights Law, or NYC Human Rights Law can lead to significant consequences, including:
- Financial Penalties: Courts have awarded significant monetary damages for noncompliance.
- Reputational Harm: Negative outcomes can damage trust within your community and beyond.
- Legal Mandates: Properties may be required to update policies and offer training to avoid future issues.
- Note, while your directors and officers liability insurance carrier may provide defense for a claim for discrimination (not in all instances check your policy), even if it does, you will never be covered for any liability relating to a discrimination claim!
Real-Life Lessons: How to Handle Requests Properly
In a notable case, a housing provider delayed installing a wheelchair ramp for a resident, which was deemed a failure to provide a reasonable accommodation. The court ordered the installation of a temporary ramp and awarded $135,000 for emotional distress.
The takeaway? Be proactive in addressing accommodation requests and consult legal experts to ensure compliance.
Why Schneider Buchel?
Handling reasonable accommodation and modification requests requires a thorough understanding of the applicable laws and best practices. Schneider Buchel specializes in legal advice for community associations and housing providers, ensuring you meet your obligations under the Fair Housing Act and other applicable laws.
Our services include:
- Policy development for reasonable accommodations.
- Legal representation for housing discrimination claims.
- Training for property managers and boards on compliance standards
Contact Us Today
Have questions about managing emotional support animal requests or other reasonable accommodations? Schneider Buchel LLP is here to help. Contact us to safeguard your property, comply with housing laws, and avoid legal challenges.
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