New York's Cooperative and Condominium Community
A reasonable accommodation is some exception or change that a housing provider makes to rules, policies, services, or regulations that will assist a resident or applicant with a disability in taking advantage of a housing program and/or dwelling. A reasonable modification is an alteration to the physical premises allowing a person with a disability to overcome obstacles that interfere with his/her use of the dwelling and/or common areas. The accommodation and/or modification must be necessary for the individual with the disability to enjoy and/or fully use services offered to other residents and/or the individual dwelling unit.
Reasonable accommodations can include but are not limited to:
��A change in the rules or policies or how a housing provider does things that would make it easier for you to live in the dwelling;
��Permitting a seeing eye dog for a household in a community where pets are not allowed, or not charging a deposit for a service animal though the housing provider charges deposits for pets;
��Permitting an outside agency to assist a disabled resident to meet the terms of the lease;
��Permitting a live-in Personal Care Attendant to live with a disabled resident who might need 24 hour assistance; or
��A change in the way a housing provider communicates with or gives information, such as increasing the font size of typed documents to a person with a visual impairment or providing reminders of rent due for someone with a mental disability who needs reminders.
Under the Fair Housing Act provisions, a person may keep an assistance animal as a reasonable accommodation if:
(1) the person has a disability, as defined by the Fair Housing Act,
(2) the animal is needed to afford a person with a disability an equal opportunity to use and enjoy a dwelling, and
(3) the person who requests the reasonable accommodation demonstrates that there is a relationship between the disability and the assistance that the animal provides
Service animal vs. companion animal vs. comfort animal:
A companion animal and/or comfort animal is a service animal. If there is verification of the disability and the need for the reasonable accommodation that is represented to be the presence of that animal in order for the person with the disability to enjoy equal opportunity, the companion/comfort animal is considered a service animal.
Requiring a service animal have specialized training and the tenant to submit verification of training:
A service animal does not have to receive specialized training in order to be considered a service animal. A service animal need only exhibit the ability to serve the person with the disability as is required for that person’s needs.
Under the Fair Housing Act, a person may not be denied an assistance animal because the animal lacks specialized training or does not perform tasks. Keep in mind that the animal’s owner is obligated to prevent the animal from threatening the health or safety of others and is responsible for the animal’s care and maintenance.
Under the Fair Housing Act, a person may not be denied an assistance animal because the animal lacks specialized training or does not perform tasks.
Keep in mind that the animal’s owner is obligated to prevent the animal from threatening the health or safety of others and is responsible for the animal’s care and maintenance.
Reasonable modifications can include, but are not limited to:
��A structural change or repair in your apartment or another part of the apartment complex that would make it easier for you to live in the dwelling; or
��Altering your apartment so that the unit can be accessed and used by a person in a wheelchair.
Tenants who may have visitors with disabilities:
A housing provider cannot deny the right of a tenant whose visitor/s may have disabilities from bringing his/her service animal when visiting the tenant on-site.
In 2009, of the 10,247 complaints filed with HUD and state and local fair housing agencies nationwide, about 44 percent alleged disability discrimination. Of those, about half, or 22 percent of all complaints filed nationally, alleged housing providers “failed to make a reasonable accommodation” in rules, policies or procedures necessary to afford a person with a disability the equal opportunity to use and enjoy their housing. A large portion of these complaints alleged a housing provider denied someone’s request to have an assistance animal in their housing
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Good article, however, you may have left an incorrect impression regarding renvations to an apartment. The tenant pays for the renovations and must bring the unit back to its original condition when vacating. There may be special programs in New York City or elsewhere, but the
ADA is quite clear on this point. Also, while landlords are required to make "reasonale" accomodations, the key word is reasonable. Example, a landlord could not be expected to install a wheelchair ramp if it encroaches on a sidewalk. They would not have to install an elevator if the cost based on profit generated would be prohibitive. I write this merely to prevent the public from demanding accomodations that they may not be entitled to.
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