fair-housing-acts
reasonable accommodations for housing for people with disabilities
<p>I recently applied for an apartment and I passed the background check, income requirements, and rental history, however I did not pass the credit check. I do <strong>NOT</strong> have any evictions <strong>OR</strong> repossessions on my credit score. I just have bad credit due to my disability preventing me from driving so ride-sharing adds up and then bills and other things happen (life). my credit score is a 509. I contacted the apartments of which I was denied and told them I would like to make a reasonable accommodation.</p>
<p>the apartments response was:</p>
<blockquote>
<p>reasonable accommodations are only reviewed and granted to residents.
Since you did not meet our minimum requirements set forth by our
criteria you were not approved based on that information and for no
other reason</p>
</blockquote>
<p>I thought the law provides that a reasonable accommodation can alter rules in order for a person with a disability to participate. I didn't know you have to be a tenant in order for reasonable accommodations to be granted.</p>
<p>Does the apartment complex have the rulings correct on this matter?</p>
<p>I am in California.</p>
<p>thank you for reading</p>

<p>What &quot;reasonable accommodation&quot; were you requesting?  That they lower the bar of determining your ability to pay your bills on time?  I don't think that will qualify.</p>
<p>A business setting a minimum bar for financial viability isn't a burden tied to a handicap.  It's one thing to request a ramp, contracts in braille, etc., but it's another thing to request that they accept a highly-probable financial risk.  What would you expect of them the next time &quot;life&quot; got in the way and you couldn't pay your rent? Another accommodation?</p>
<p>I think what they were saying is that since you didn't pass the financial background check, and as such were not accepted as a resident, you aren't in a position to make an accommodation request.</p>

<p>Their response is misleading w.r.t. the law, which is <a href="https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-D" rel="nofollow noreferrer">here</a>. Under 24 CFR 100.202,</p>
<blockquote>
<p>It shall be unlawful to discriminate in the sale or rental, or to
otherwise make unavailable or deny, a dwelling to any buyer or renter
because of a handicap of ... That buyer or renter</p>
</blockquote>
<p>§100.202 says that</p>
<blockquote>
<p>It shall be unlawful for any person to refuse to make reasonable
accommodations in rules, policies, practices, or services, when such
accommodations may be necessary to afford a handicapped person equal
opportunity to use and enjoy a dwelling unit, including public and
common use areas.</p>
</blockquote>
<p>This is not limited to existing tenants. The <a href="https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications" rel="nofollow noreferrer">HUD website</a> on reasonable accommodations elaborates further on the reasonable accommodation requirement:</p>
<blockquote>
<p>Any change in the way things are customarily done that enables a
person with disabilities to enjoy housing opportunities or to meet
program requirements is a reasonable accommodation. In other words,
reasonable accommodations eliminate barriers that prevent persons with
disabilities from fully participating in housing opportunities,
including both private housing and in federally-assisted programs or
activities. Housing providers may not require persons with
disabilities to pay extra fees or deposits or place any other special
conditions or requirements as a condition of receiving a reasonable
accommodation.</p>
</blockquote>
<p>As an example, they offer &quot;Permitting an applicant to submit a housing application via a different means&quot;, which is evidence that the interpret the law as applying to potential tenants, not just accepted tenants. The <a href="https://www.hud.gov/sites/dfiles/FHEO/documents/huddojstatement.pdf" rel="nofollow noreferrer">HUD/DOJ summary</a> of the law further provides the example</p>
<blockquote>
<p>An applicant with an obvious vision impairment requests that the
leasing agent provide assistance to her in filling out the rental
application form as a reasonable accommodation because of her
disability.</p>
</blockquote>
<p>They also note that &quot;A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation or modification may be necessary because of a disability&quot;, and they can &quot;request only information that is necessary to evaluate the disability and/or disability-related need for the accommodation&quot;. Then they can deny the accommodation &quot;if there is no disability-related need for the accommodation&quot;. If denied, the prospective tenant can file a complaint, and HUD (Fair Housing and Equal Opportunity Office) will determine whether the discrimination was because of the disability.</p>
