| (a) A reasonable accommodation is an alteration, change,
exception, or adjustment to a program, service, building, dwelling
unit, or workplace that will allow a qualified person with a disability
to:
(1) Participate fully in a program;
(2) Take advantage of a service;
(3) Live in a dwelling; or
(4) Use and enjoy a dwelling.
(b) To show that a requested accommodation may be necessary,
there must be an identifiable relationship between the requested accommodation
and the individual's disability.
(c) When a resident or applicant requires an accessible
unit, feature, space or element, or a policy modification, or other
reasonable accommodation to accommodate a disability, the recipient
must provide and pay for the requested accommodation, unless doing
so would result in a fundamental alteration in the nature of the program
or an undue financial and administrative burden. A fundamental alteration
is a modification that is so significant that it alters the essential
nature of the provider's operations.
(d) If a particular accommodation would result in an
undue financial and administrative burden or fundamentally alter the
program, the recipient must explore whether other accommodations,
although not requested, can meet the needs of the person with a disability.
(e) A recipient may not charge a fee or place conditions
on a resident or applicant in exchange for making the accommodation.
(f) A reasonable accommodation that amounts to an alteration
should be made to meet the needs of the individual with a disability,
rather than any particular minimum code specification.
(g) If a recipient refuses to provide a requested accommodation
because it is either an undue financial and administrative burden
or would result in a fundamental alteration to the nature of the program,
the recipient shall engage in an interactive dialogue with the requester
to determine if there is an alternative accommodation that would adequately
address the requester's disability-related needs. If an alternative
accommodation would meet the individual's needs and is reasonable,
the recipient must provide it. (Source: HUD
Handbook 4350.3, §2-39, §2-40, 24 CFR §8.33, Secretary
v. Country Manor, HUDALJ 05-98-1469-8 (September 20, 2001))
(1) EXAMPLE 209(1): A resident requires an accessible
parking space that will accommodate her wheelchair-equipped van. A
reasonable accommodation includes relocating and enlarging an existing
parking space that will serve the van.
(2) EXAMPLE 209(2): A project has five parking spaces
located outside the main entrance to the building and another parking
lot with 20 spaces a half block away. All five of the parking spaces
near the entrance to the building have been assigned to residents
with disabilities who need a parking space near their door because
of their disabilities. A sixth tenant with difficulty in walking long
distances moves into the project and requests a parking space near
his door. The recipient has explored the options and concluded that
the only way to provide more parking spaces near the door would be
to widen the parking area by purchasing valuable real estate next
door. It would be an undue financial and administrative burden for
the recipient to provide the sixth tenant with a parking space near
the entrance. An alternative accommodation could be to provide the
sixth tenant with an assigned parking space in the lot half block
away until such time as one of the five spaces near the door becomes
available.
(3) EXAMPLE 209(3): A resident needs grab bars at the
toilet in her bathroom. She does not require other accessible features.
The recipient must install grab bars consistent with the resident's
needs in the bathroom.
(4) EXAMPLE 209(4): A resident needs a ramped entrance
to her ground floor unit to accommodate her wheelchair. She does not
wish to move to an accessible unit. The recipient must provide an
accessible entrance at the resident's current unit, unless it would
be an undue financial and administrative hardship or a fundamental
alteration of the program to do so.
(5) EXAMPLE 209(5): A resident uses a scooter type
wheelchair which is 38 inches in width. She requests a ramp to enter
her ground floor unit. The ramp which she requests must be at least
40 inches wide, it must have a slope of no more than 3%, and the landing
at the front door, which opens outward, must be enlarged to provide
adequate maneuvering space to enter the doorway. The changes must
be provided, even though they may exceed the usual specifications
for such alterations.
(6) EXAMPLE 209(6): A resident with quadriplegia requests
replacement of a bathtub in his unit with a roll-in shower. Due to
the location of existing plumbing in the building and the size of
the existing bathroom, a plumber confirms that installation of a roll-in
shower in that unit is impossible. The on-site manager meets with
the resident to explain why the roll-in shower cannot be installed
and to explore alternative accommodations with the resident.
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