PHA is committed to ensuring that its policies and procedures do not deny individuals with disabilities the opportunity to participate in, or benefit from, nor otherwise discriminate against individuals with disabilities, on the basis of disability, in connection with the operations of PHA’s programs, services and activities. Therefore, if an individual with a disability requires an accommodation such as an accessible feature or modification to a PHA policy, PHA will provide such accommodation unless doing so would result in a fundamental alteration in the nature of the program; or an undue financial and administrative burden. In such a case, the PHA will make another accommodation that would not result in a financial or administrative burden.

A reasonable accommodation is a change, modification, alteration or adaptation in policy, procedure, practice, program, or facility that provides a qualified individual with a disability the opportunity to participate in, or benefit from, a program (housing or non-housing) or activity.

PHA will post a copy of this Reasonable Accommodation Policy and Procedures in the Central Administrative Offices located in ____________; the Regional Offices of the PHA; the offices of PHA’s private management companies; and, the management office in each public housing development. In addition, individuals may obtain a copy of this Reasonable Accommodation Policy and Procedures, upon request, from the PHA’s Section 504/ADA Coordinator.

The PHA is subject to Federal civil rights laws and regulations. This Reasonable Accommodation Policy is based on the following statutes or regulations.

MONITORING AND ENFORCEMENT

The PHA’s Section 504/ADA Coordinator is responsible for monitoring PHA’s compliance with this Policy. Individuals who have questions regarding this Policy, its interpretation or implementation should contact PHA’s Section 504/ADA Coordinator in writing, by telephone, or by appointment, as follows:

The Section 504/ADA Coordinator will ensure that all appropriate PHA staff receive annual training on the Reasonable Accommodation Policy and Procedures, including all applicable Federal, state and local requirements regarding reasonable accommodation.

A person with a disability may request a reasonable accommodation at any time during the application process, residency in public housing, or participation in the Housing Choice Voucher and Moderate Rehabilitation Programs of PHA. The individual, PHA staff or any person identified by the individual, must reduce all requests to writing.

Reasonable accommodation methods or actions that may be appropriate for a particular program and individual may be found to be inappropriate for another program or individual. The decision to approve or deny a request for a reasonable accommodation is made on a case-by-case basis and takes into consideration the disability and the needs of the individual as well as the nature of the program or activity in which the individual seeks to participate.

The Reasonable Accommodation Policy applies to individuals with disabilities in the following programs provided by the PHA:

1. Applicants of public housing;
2. Applicants of all Housing Choice Voucher and Moderate Rehabilitation Programs;
3. Residents of public housing developments;
4. Participants of the Housing Choice Voucher and Moderate Rehabilitation Programs; and
5. Participants in all other programs or activities receiving Federal financial assistance that are conducted or sponsored by the PHA, its agents or contractors including all non-housing facilities and common areas owned or operated by the PHA.

A person with a disability means an individual who has a physical or mental impairment that substantially limits one or more major life activities. As used in this definition, the phrase "physical or mental impairment" includes:

1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.

"Major life activities" means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing and learning.

The definition of disability does not include any individual who is an alcoholic whose current use of alcohol prevents the individual from participating in the public housing program or activities; or whose participation, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others.

(j) Permitting requests for extensions of Housing Choice Vouchers if there is a difficulty in locating a unit with suitable accessible features or otherwise appropriate for the family; and

(k) As a reasonable accommodation for a family member with a disability, approving a request for exception payment standard amounts under the Housing Choice Voucher Program in accordance with 24 C.F.R. §§ 8.28 and 982.504 (b)(2).

The PHA will provide the "Request for Reasonable Accommodation", ("Request Form"), attached hereto, to all applicants, residents or individuals with disabilities who request a reasonable accommodation. The Reasonable Accommodation Request Form includes various forms of reasonable accommodations as well as the general principles of reasonable accommodation.

Individuals may submit their reasonable accommodation request(s) in writing, orally, or by any other equally effective means of communication. However, the PHA will ensure that all reasonable accommodation requests will be reduced to writing. If needed as a reasonable accommodation, the PHA will assist the individual in completing the Request Form.

(b) Reasonable Accommodations will be made for applicants during the application process. All applications must be taken in an accessible location. Applications will be made available in accessible formats. PHA will provide applicants with appropriate auxiliary aids and services, including qualified sign language interpreters and readers, upon request.

(c) PHA will provide all residents with the Request Form during the annual re-certification, and upon request. The PHA will provide the Request Form in an alternate form, upon request.

(d) Residents seeking accommodation(s) may contact the housing management office, including office of private management companies acting on behalf of PHA, within their housing development or the regional management office. In addition, residents may also contact the Section 504/ADA Coordinator’s office directly to request the accommodation(s).

(e) Within seven (7) business days of receipt, the housing management office, private management company or regional management office will forward the resident’s reasonable accommodation request(s) to the Office of the Section 504/ADA Coordinator.

1. Within twenty (20) business days or receipt, the Office of the Section 504/ADA Coordinator, or the resident’s regional or management office will respond to the Resident’s Request.
2. If additional information or documentation is required, the Section 504/ADA Coordinator’s office will notify the resident, in writing, of the need for the additional information or documentation. The Section 504/ADA Coordinator’s Office will provide the resident with the "Request for Information or Verification Form" ["Request for Information"], a copy of which is attached. The written notification should provide the resident with a reply date for submission of the outstanding information or documentation.
3. Within thirty (30) business days of receipt of the request and, if necessary, all supporting documentation, PHA will provide written notification to the resident of its decision to approve or deny the resident’s request(s). Upon request, the written notification will be provided in an alternate format. A copy of the "Letter Denying Request for Reasonable Accommodation(s) and "Letter Approving Request for Reasonable Accommodation(s)" are attached.
4. If PHA approves the accommodation request(s), the resident will be notified of the projected date for implementation.

(j) If the accommodation is denied, the resident will be notified of the reasons for denial. In addition, the notification of the denial will also provide the resident with information regarding PHA’s HUD-approved Grievance Procedures.

PHA may request documentation of the need for a Reasonable Accommodation as identified on the Request for Reasonable Accommodation Form. In addition, PHA may request that the individual provide suggested reasonable accommodations.

The PHA may verify a person’s disability only to the extent necessary to ensure that individuals who have requested a reasonable accommodation have a disability-based need for the requested accommodation.

However, the PHA may not require individuals to disclose confidential medical records in order to verify a disability. In addition, the PHA may not require specific details regarding the individual’s disability. The PHA may only request documentation to confirm the disability-related need(s) for the requested reasonable accommodation(s). The PHA may not require the individual to disclose the specific disability(ies); or the nature or extent of the individual’s disability(ies).

The following may provide verification of a resident’s disability and the need for the requested accommodation(s):

1. Physician;
2. Licensed health professional;
3. Professional representing a social service agency; or
4. Disability agency or clinic.

Upon receipt, the resident’s Property Manager, including private management companies operating on behalf of PHA, will forward the recommendation, including all supporting documentation, to the PHA’s Section 504/ADA Coordinator within seven (7) days of receipt.

Requested accommodations will not be approved if one of the following would occur as a result:

1. A violation of State and/or federal law;
2. A fundamental alteration in the nature of the PHA public housing program;
3. An undue financial and administrative burden on PHA;
4. A structurally infeasible alteration; or
5. An alteration requiring the removal or alteration of a load-bearing structural member.

PHA shall not require a resident with a disability to accept a transfer in lieu of providing a reasonable accommodation. However, if a public housing resident with a disability requests dwelling unit modifications that involve structural changes, including, but not limited to widening entrances, rooms, or hallways, and there is a vacant, comparable, appropriately sized UFAS-compliant unit in that resident’s project or an adjacent project, PHA may offer to transfer the resident to the vacant unit in his/her project or adjacent project in lieu of providing structural modifications. However, if that resident rejects the proffered transfer or voucher, PHA shall make modifications to the resident’s unit unless doing so would be structurally impracticable or would result in an undue financial and administrative burden.

If the resident accepts the transfer, PHA will work with the resident to obtain moving expenses from social service agencies or other similar sources. If that effort to obtain moving expenses is unsuccessful within thirty (30) days of the assignment of the dwelling unit, PHA shall pay the reasonable moving expenses, including utilities fees and deposits. Nothing contained in this paragraph is intended to modify the terms of PHA’s Tenant and Assignment Plan and any resident’s rights thereunder.

Residents of PHA with disabilities are permitted to have assistance animals, if such animals are necessary as a reasonable accommodation for their disabilities. PHA residents or potential residents who need an assistance animal as a reasonable accommodation must request the accommodation in accordance with the reasonable accommodation policy. Assistance animals are not subject to the requirements of PHA’s Pet Policy.

(1) The public housing applicant or resident may file a complaint in accordance with PHA’s HUD-approved Grievance Procedure following a formal determination by the PHA’s ADA/504 Coordinator.

(2) The Housing Choice Voucher and Moderate Rehabilitation Program participant and applicant complainant may file a complaint in accordance with PHA’s HUD-Approved Grievance Procedure following a formal determination by the PHA’s ADA/504 Coordinator.

(3) An applicant or resident may, at any time, exercise their right to appeal a PHA decision through the local HUD office or the U.S. Department of Justice. Individuals may contact the local HUD office at:

U.S. Department of Housing and Urban Development

HUB Office

Address

City/State/Zip Code

Telephone: ( )

Facsimile: ( )

TDD/TTY Number: