Chapter XVII: Reasonable Accommodation


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.
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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.
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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.
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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.

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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.

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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.

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