Reasonable Accommodation/ Modification Policy and Procedures

PROCEDURE 3 - GUIDELINES FOR DETERMINING REASONABLENESS

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1. In accordance with Section 6.1 of the Policy, the DHA will consider the requested method for providing reasonable accommodations/modifications for an individual with a disability. However, unless the disability-related need for an accommodation/ modification is obvious or otherwise known to the DHA, the DHA may require the individual with a disability to provide further information to demonstrate the need for the requested accommodation to enable an equal opportunity to access, use, or enjoy the housing program or DHA services and activities. Additionally, the DHA may offer equally effective alternatives to the requested accommodation/modification, and/or alternative methods for providing the requested accommodation through the interactive process.

2. Requests for reasonable accommodation/modification will be considered on a case-by-case basis. Decisions regarding reasonable accommodations/modifications will be made in compliance with all applicable laws, regulations, and requirements. Additionally, in those circumstances where the DHA deems that a proposed reasonable accommodation/ modification would fundamentally alter the service, program, or activity, or would result in undue financial and administrative burdens, the DHA has the burden of proving such result(s).

3. The responsibility for the decision that a proposed reasonable accommodation/ modification would result in such alteration or burdens shall rest with the Executive Director or his/her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the DHA shall propose any other action that will not result in or require a fundamental alteration or financial and administrative burden as part of the interactive process.

4. Direct Threat.  Generally, an accommodation is not required if it would pose a “direct threat” to the health and safety of other individuals or would result in substantial physical damage to the property of others. The DHA’s assessment of “direct threat” will be individualized and based on reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The DHA’s assessment will consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually occur; and (3) whether there are any reasonable accommodations that will eliminate the direct threat.  In evaluating a recent history of overt acts, the DHA will take into account circumstances, such as intervening treatment or medication, that have eliminated the direct threat (i.e., a significant risk of substantial harm).

5. Verification. The DHA may generally verify a person has a disability only to the extent necessary to determine that the person: is qualified for the housing for which they are applying; is entitled to any disability-related preference or benefit they may claim; or has a disability-related need for a requested accommodation/modification in order to have an equal opportunity to enjoy the housing and/or participate in or benefit from the DHA’s activities, programs, or services. 

In response to reasonable accommodation/modification requests, the DHA may not require verification of disability if the disability is obvious or otherwise know.  The DHA also may not ask what the disability is or require specific details as to the disability. The DHA may require documentation of the disability-related need (i.e., information showing that there is a relationship or nexus between the requested accommodation/modification and the individual’s disability or effects of the disability), unless such need is obvious or otherwise known. The DHA may not otherwise inquire into the nature or severity of the disability, require access to confidential records, or require specific types of evidence of disability or disability-related need.  

6. Confidentiality.  Information provided to the DHA in relation to a reasonable accommodation/modification request will be kept confidential and will not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation/modification request or unless disclosure is required by law.

 7.  Additional Procedures: Applicant Appeals and Tenant Grievances  

[For programs subject to 760 CMR 5.08(2) and/or 760 CMR 6.03 & 6.08] When the DHA determines that an applicant may be disqualified for housing because of a lease violation at a prior tenancy or other disqualifying conduct, if the applicant shows that the lease violation or disqualifying conduct was due to a disability, then these facts shall be considered by the DHA as mitigating circumstances pursuant to 760 CMR 5.08(2).  Disability-related circumstances relating to a lease violation may also be presented by or on behalf of a resident with a disability as part of the grievance process pursuant to 760 CMR 6.03 & 6.08.  For example, a tenant may demonstrate that a lease violation arose from a disability and that some circumstance has changed, and/or some reasonable accommodation could be provided, making the conduct unlikely to recur.  Such circumstances may also be presented separately through a reasonable accommodation request (e.g., a request to forego eviction) independent of the grievance process.  Tenants may also grieve DHA responses or inaction with respect to a reasonable accommodation/modification request through the grievance process pursuant to 760 CMR 6.03 & 6.08.

Adopted by the Board of the Dedham Housing Authority on February 22, 2022.