MSHDA - Office of Housing Voucher Programs Policy and Procedures Manual

Chapter XVII: Reasonable Accommodation

Effective: August 2006

Introduction

This policy provides guidelines for staff or contracted agents of the Michigan State Housing Development Authority (MSHDA) Office of Housing Voucher Programs on how persons with disabilities would request a reasonable accommodation providing them equal opportunity to the Housing Choice Voucher (HCV) program administered by MSHDA so that those persons may obtain the same result, gain the same benefits, or reach the same level of achievement as those who do not have disabilities.

Section A: Request for Reasonable Accommodation

• An applicant or participant with a disability must request a specific exception to a policy or practice in writing as an accommodation of their disability before MSHDA will treat that person differently than those without a disability. If the request for reasonable accommodation meets the stated criteria, the reasonable accommodation will be allowed so that the individual may fully access and utilize the housing program and related services.
• A reasonable accommodation request must include the following:
  1. Provide verification of the disability (completed MSHDA 16) showing that the person meets the Americans with Disabilities Act (ADA) definition of disability (Section B),
  2. Describes the needed accommodation,
  3. State how the requested exception or accommodation to the MSHDA HCV program/policy is appropriate for the disability.
  4. See the HUD website at www.usdoj.gov/crt/ada/publicat.htm to access additional information on ADA.

Section B: Eligibility

To be eligible to request a reasonable accommodation, the requester must verify that they are a person with a disability under the following ADA definition:

1. A physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment; or being regarded as having such an impairment.

   Note: This is not the same as the HUD definition used for purposes of determining allowances.

2. Physical or mental impairment covers a wide range of impairments, including some that might not be obvious such as epilepsy, multiple sclerosis, heart disease, diabetes, HIV infection or alcoholism. Major life activities are activities that are of central importance to daily life such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking.
3. Rehabilitated former drug users and alcoholics are covered under the ADA. However, a current drug user is not covered. In accordance with 24 CFR, 5.403, individuals are not considered disabled for eligibility purposes solely on the basis of any drug or alcohol dependence. Individuals whose drug or alcohol addiction is a material factor to their disability are excluded from the definition. Individuals are considered disabled if disabling mental and physical limitations would persist if drug or alcohol abuse discontinued.
4. Reasonable accommodations will be made for persons with a disability that requires an advocate or accessible offices. A designee will be allowed to provide some information, but only with the written permission of the person with the disability.

Section C: Accommodation Requests During Application Process

• When waiting lists are open, all persons who wish to apply for MSHDA's housing choice voucher program must submit an application via written format. Generally this application is completed in the applicant’s own handwriting, unless assistance is needed, or a request for accommodation is requested by a person with a disability.
• A reasonable accommodation must be provided by MSHDA when requested by a disabled applicant. Examples of changes to the application process that could be requested as a reasonable accommodation include: allowing additional time to submit an application, that information (including an application) be mailed to the applicant, or that the application be provided in an accessible format (large print.)
• The HA may not remove the name of any disabled applicant from a waiting list whose failure to respond was a result of their disability. A disabled applicant has up to six months to request an appeal if their name has been removed for no response. An informal meeting with the assigned HA will be conducted to evaluate reinstatement. During the meeting, the applicant must prove that the reason for their failure to respond was directly related to their disability. Once verified, the applicant’s name must be reinstated on the waiting list according to their original application date and time.
• When an applicant’s name is pulled from the waiting list, information about how to request a reasonable accommodation under the HCV program is included on the Voucher Information Form (MSHDA 145).

Section D: Verification of Disability

MSHDA requires that a professional third party competent to make the assessment provides written verification that the person needs the specific accommodation due to their disability and the change is required for them to have equal access to the housing program. This verification would be satisfied by completion of a MSHDA 16 which includes an explanation from the health provider as to the necessity for the accommodation, especially in those instances where the disability is a non-obvious disability. In the case of renting from a relative, there must be an accompanying letter from the family member explaining how the specific unit owned by the tenant’s family member provides the required reasonable accommodation or how the family member owning the unit will provide services for the identified family member with the disability.

Section E: Approval or Denial of a Request

• The HA will provide a written decision to the person requesting the accommodation within 14 calendar days after receipt of verifying documents. A request for reasonable accommodation may be denied if the request was not made by or on behalf of a person with a disability; there is no disability-related need for the accommodation; or a qualified health care provider does not provide verification of the need for the reasonable accommodation.
• A request may be denied if MSHDA finds that the requested accommodation creates an undue administrative or financial burden or would fundamentally alter the nature of our HCV program. In these cases, MSHDA will deny the request and/or present an alternate accommodation that will still meet the need of the person. An undue administrative burden is one that requires a fundamental alteration of the essential functions of MSHDA (i.e., waiving a family obligation). An undue financial burden is one that when considering the available resources of the agency as a whole, the requested accommodation would pose an unreasonable financial hardship on MSHDA.
• A participant who is denied an accommodation or feels that the alternative suggestions are inadequate may request an informal hearing to review the decision.

Section F: Possible Reasonable Accommodations

1. Reasonable Accommodation suggested due to Participant Behavior

• In accordance with the ADA, when a disabled applicant/participant shows threatening, uncooperative or non-responsive behavior to a MSHDA staff person or the contracted HA, the HA or MSHDA staff person may propose that the disabled applicant/participant request a reasonable accommodation where the applicant/participant obtains services from a professional case manager or other third party intervention, at their cost, to handle their case. In these circumstances, the HA or MSHDA staff would inform the disabled applicant/ participant that in order to continue their assistance and not face termination due to their behavior, the applicant/ participant should request this reasonable accommodation. To avoid termination, the applicant/participant would be required to find the case manager or other third party intervention and the case manager/third party intervention must agree to perform such a service. Any suggested case manager or third party intervention must be acceptable to MSHDA.
• The applicant/participant must demonstrate that the cause of the behavior is related to their qualified disability that causes him or her to be threatening, non-responsive, non-cooperative to MSHDA staff or the contracted HA in accordance with Section D of this policy.
• If the suggested reasonable accommodation is refused by the applicant/participant; the suggested case manager or third party intervention is unacceptable to MSHDA, the applicant/participant refuses to work with the case manager or third party and continues to contact staff or the HA, and/or the threatening behavior continues, the applicant/participant must be denied assistance or terminated.
• However, like a non-disabled applicant/participant, when a disabled applicant/participant poses a direct threat to a MSHDA staff person or the contracted HA, the staff person or HA may terminate the disabled applicant/participant based on their unacceptable threatening behavior (24 CFR 982.551). A "direct threat" is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. Examples of directly threatening behavior includes when the individual has engaged in or threatened abusive behavior (verbal or physical) or engaged in or threatened violent behavior including harm to MSHDA staff or the contracted HA. See Chapter V., Denials when terminating applicants or Chapter XIV. Terminations and End of Participations when terminating participants.

2. Service Animals

• Allowing a disabled person to keep a service/companion animal is a reasonable accommodation that may be made of a landlord. Assistance animals are animals that work, provide assistance, perform tasks for the benefit of a person with a disability, or provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Animals that provide emotional support rather than physical assistance to disabled people (companion animal) are considered service animals under federal fair housing laws.
• Some, but not all, animals that assist persons with disabilities are professionally trained. Other assistance animals are trained by the owners, and, in some cases, no special training is required. The question is whether or not the animal performs the assistance or provides the benefit needed by the person with a disability. If so, the reasonable accommodation request can be granted.

Note: Expenses for one service or companion animal that has been specifically trained to assist a person with their specified disability (example: guide dog or other animal used by a visually or hearing impaired person) can be included as a medical expense such as:

• Cost of the animal;
• Amounts paid for the care of the specially trained animal; i.e., training expenses, vet bills. Use IRS Publication 502, Medical and Dental Expenses, for more information. Refer to Chapter IV. Income, Expenses for more information when verifying income.

3. Extra Bedroom Size

• Extra bedrooms will not be allowed for the purpose of storing medical equipment.
• Individual medical problems (e.g. chronic illness) sometimes necessitate separate bedrooms for household members who would otherwise be required to share a bedroom. If a person with a disability requires reasonable accommodation for an additional bedroom and the request is approved, then an individual may qualify for a maximum of one additional bedroom. Refer to Chapter III. Issuance, Size Exceptions.

4. Renting from a Relative

Renting a unit owned by a relative may be approved if renting from the relative will provide reasonable accommodation for a family member who is a person with disabilities. A relative owner may be a parent, child, grandparent, grandchild, sister, or brother of any member of the family. When renting from a relative, there must be an accompanying letter from either the tenant or family member explaining how the specific unit owned by the tenant’s family member provides the required reasonable accommodation or explaining how any special services required by the tenant will be met by the family member owner in addition to the MSHDA 16. Refer to Chapter VI. Initial Contracts and/or Chapter X. Moves.

5. Utilities

On request from a family that includes a person with disabilities, MSHDA must approve a utility allowance which is higher than the applicable amount on the approved utility allowance schedule if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability. For example, a person with physical disabilities may require a higher utility allowance to compensate for the amount of electricity used by needed medical equipment. However, a higher utility allowance cannot be approved simply to permit the household to rent a unit that would otherwise exceed HCV guidelines.

6. Other

In other situations where a reasonable accommodation may be requested, HAs should submit written documentation stating the specific disability and requested accommodation to the RS for determination.

Section G: Conservator/Guardianship

• In those tenant/MSHDA relationships where the tenant has a disability and is not able to complete tenant responsibilities related to the retention of a HCV (e.g. financial matters, paperwork,) the HA may recommend that a guardian or conservator be appointed on the tenant’s behalf. These situations may present themselves due to the fact that the HA may be working with a third party the majority of the time to complete paperwork obligations, or because the tenant has directed the HA to work with this third party. (The tenant should always give the HA permission to work with the third party in writing.) The HA should discuss the situation with the Resource Specialist (RS) and MSHDA legal counsel.
• If the disabled tenant is at risk of their HCV being terminated due to non-response to paperwork requests, contacts, unmet deadlines, etc, the HA, at its discretion, may contact their RS to outline an appropriate course of action. If deemed appropriate by the HA/RS, the HA/RS may offer the tenant the opportunity to secure a third party individual to assume responsibility for the tenant’s HCV paperwork and financial obligations; or the HA/RS may suggest to the third party acting on the tenant’s behalf that they formally assume this role. This option may be determined on a case by case basis by the HA.
• If (a) a file review confirms the tenant has a severe disability, and (b) a third party expresses interest in assuming the tenant’s responsibilities, the RS will contact MSHDA legal counsel who will contact the third party to discuss a guardian/conservator relationship whereby the tenant would retain their voucher and the agreed to third party would assume responsibility for paperwork/legal/financial responsibilities. (The third party will assume the responsibility and cost for obtaining the guardianship/conservatorship.) If the third party secures the guardianship/conservatorship, MSHDA legal counsel must review guardianship/conservator-ship papers to confirm whether the third party (guardian or conservator) is authorized to accept tenant responsibilities. Also, if (a) legal counsel determines that an agreement is necessary for the third party to assume this responsibility, (b) the third party desires to assume the tenant responsibilities under the HCV Program without a guardianship/ conservatorship, and (c) the third party is a nonprofit institution or agency such as Legal Aid, an appropriate document will be prepared for the Third Party (Guardian or Conservator) to sign for the assumption of this responsibility.

Section H: Forms Listing