Step #3: Determine whether the request is reasonable.
Let's recap. In Step #1, we determined that the requester is a person with disabilities.
In Step #2, we identified the specific accommodation being requested and confirmed that there is a nexus between the request and the barriers to housing created by the disability.
Now, the PHA must determine whether they deem the request to be reasonable. A request is not reasonable if:
- The request was not made by or on behalf of a person with a disability.
- There is no disability-related need (nexus) for the accommodation.
- The accommodation will result in an undue financial burden for the PHA. This requires a comparison of the PHA's overall resources against the cost of the accommodation.
- The accommodation will result in an undue administrative burden for the PHA. An undue administrative burden can be declared when a request would cause a substantial increase in the administrative workload or is completely outside the job function of PHA employees.
- The accommodation fundamentally alters the nature of the PHA's program. Examples include waiving inspections or rent requirements.
Remember, agencies should be able to document the specific reason that they determine an accommodation is not reasonable.
Next: How to make informed reasonable accommodation determinations: Step #4
Becky Gligo has been a trainer and consultant at Nan McKay and Associates since 2008. She trains hundreds of housing authority staff each year, both in open enrollment and onsite trainings. Ms. Gligo is one of NMA's primary fair housing experts. She has previously written for the NMA blog about fair housing and limited English proficiency (LEP), ensuring accuracy in rent calculation, and ideas for affirmatively furthering fair housing at your PHA.
Do you have concerns about whether or not your agency is compliant with federal fair housing law? Nan McKay and Associates can help. Our resources for your PHA include consulting, a newly-updated video, and a training seminar, also newly updated.
