A reasonable accommodation is a change, modification, alteration or adaptation in policy, procedure, practice, program, or facility that provides a qualified individual with a disability the opportunity to participate in, or benefit from, a program (housing or no housing) or activity.
A person with a disability may request a reasonable accommodation at any time during the application process, residency in Multi-Family housing, residency in the Project-Based Voucher program or participation in the Housing Choice Voucher program. Individuals may submit their reasonable accommodation request(s) in writing, orally, or by any other equally effective means of communication.
Reasonable accommodations that may be appropriate for a particular program and/or individual may be found to be inappropriate for another program or individual. The decision to approve or deny a request for a reasonable accommodation is made on a case-by-case basis and takes into consideration the disability and the needs of the individual as well as the nature of the program or activity in which the individual seeks to participate.
BCHA’s Direct Grant and Section 504/ADA Compliance Manager is responsible for monitoring BCHA’s compliance with this Policy. Individuals who have questions regarding BCHA’s Reasonable Accommodations Policy, its interpretation or implementation should contact the Direct Grants and Section 504/ADA Compliance Manager in writing or by appointment.
BCHA maintains a copy of this Reasonable Accommodation Policy in the Main Office located at 4780 North State Road 7, Lauderdale Lakes, Florida 33319. In addition, individuals may obtain a copy of this Reasonable Accommodation Policy and Procedures, upon request, from the Direct Grants and Section 504/ADA Compliance Manager or by clicking the link below
Reasonable Accommodation Policy
BCHA residents, participants and applicants, who are persons with disability(ies), may request a reasonable accommodation. A representative of that person may request the accommodation on their behalf.
To request a reasonable accommodation:
If you are an applicant or a program participant: Contact the BCHA staff member on your appointment letter
If you are a resident: Contact the Property Manager
When making these contacts:
- Explain the type of accommodation you need to provide the person with disabilities with full access to BCHA’s programs and services
- Have contact information of a knowledgeable professional who can confirm the nexus between the disability and the requested change
- Be willing to sign a Release of Information (ROI) form
All requests for accommodations must be assessed on a case-by-case basis.
The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the Assisted Housing programs, yet an accommodation is needed to provide equal opportunity.
DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201]
A person with a disability, as defined under federal civil rights laws, is any person who:
- Has a physical or mental impairment that substantially limits one or more of the major life
- Has a record of such impairment, or
- Is regarded as having such impairment The phrase “physical or mental impairment” includes, but is not limited to the following:
- Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
- Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes but is not limited to: such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. “Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working.
The definition of a person with a disability does not include:
- Current illegal drug users
- People whose alcohol use interferes with the rights of others
- Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the HCV program.
The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations.
The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the elderly/disabled household deduction, dependent deduction, the allowance for medical expenses, or the allowance for disability assistance expenses
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to BCHA, BCHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability requires the requested accommodation.
To verify if the person meets the definition of disability a third-party verification must be obtained by an individual identified by the family who is competent to make the determination.
The individual selected must be:
(i) A doctor or other medical professional,
(ii) A peer support group,
(iii) A non-medical service agency, or
(iv) A reliable third party who is in a position to know about the individual’s disability.
[Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
BCHA may request that you sign a release of information so the third-party verification can be sent to the selected verifier.
BCHA will NOT inquire on the nature or extent of disability and request that the verifier does not disclose such information.
BCHA staff are not qualified to verify disability through medical records.
Any documentation received that provides confidential information about specific diagnosis, treatment, or the nature or severity of the disability will be disposed of (generally by shredding)
Before providing an accommodation, BCHA must determine that:
(a) The person meets the definition of a person with a disability, and
(b) The accommodation will enhance the family’s access to BCHA’s programs and services.
After the department receives your request, we may ask you to sign a Release of Information for the knowledgeable professional you identified to verify the accommodation and/or verify disability.
If a person’s disability is obvious or otherwise known to BCHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required.
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to BCHA, BCHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability requires the requested accommodation.
BCHA must approve a request for an accommodation if the following three conditions are met:
(a) The request was made by or on behalf of a person with a disability.
(b) There is a disability-related need for the accommodation.
(c) The requested accommodation is reasonable, meaning it would not impose
(i) An undue financial and administrative burden on BCHA, or
(ii) Fundamentally alter the nature of BCHA’s Assisted Housing operations (including the obligation to comply with HUD requirements and regulations)
If the individual is not disabled, or the above three conditions are not met, or an alternate accommodation could not be determined, BCHA will then deny the accommodation.
The letter denying the accommodation will provide a timeline to request a Tier One Review. The tier one review is conducted by a Director, or their designee.
The Director or their designee may request additional information from the family as part of the review. Once the Director has received all necessary documentation, the Director will provide a determination within 30 business days.
If the Tier One appeal results in a denial, the denial letter will include instructions on requesting a Tier Two (Final appeal).
The Section 504 Coordinator may request additional information from the family as part of the review. Once the Section 504 Coordinator has received all necessary documentation, the Section 504 Coordinator will provide a determination within 30 business days.
If the requested accommodation will be a fundamental alteration to the program, imposes an undue financial or an administrative burden, BCHA may enter into a discussion with the family whether an alternate accommodation could effectively address the family’s disability-related needs.
An alternative accommodation is a suitable solution to ensure equal access in the program.
If the family is unable to identify a reasonable alternative accommodation after the discussion, BCHA will provide the family with a determination within 10 days of the most recent communication with the family.
BCHA will notify the family, in writing, of the approved accommodation.
Please be aware that in the case of a Live-in-Aide, the accommodation must be approved first, then the individual selected as the Live-in-Aide would need to be identified and go through the approval process. This will require additional forms to be signed.
BCHA must approve a request for an accommodation if the following three conditions are met:
A. The request was made by or on behalf of a person with a disability.
B. There is a disability-related need for the accommodation.
C. The requested accommodation is reasonable, meaning it would not impose:
(i) An undue financial and administrative burden on BCHA, or
(ii) Fundamentally alter the nature of BCHA’s Assisted Housing operations (including the obligation to comply with HUD requirements and regulations)
BCHA staff will notify you that the verifier has not responded.
You will have the opportunity to contact the verifier to determine if they require additional information from you or to provide a different verifier.
It has been our experience that some verifiers will not complete paperwork if they have not seen the person recently. Please check with your provider and notify them about your request for accommodation so they are aware and can inform you of their requirements.
Once the need for a reasonable accommodation has been verified, the reasonable accommodation does not have to be re-verified except:
(a) At the time a family moves, or
(b) When there is another change in circumstances, such as when:
(i) A live-in aide leaves the household,
(ii) A disabled person leaves the household,
(iii) A family member listed as disabled can no longer verify s/he is disabled,
(iv) At inspection no medical equipment is observed in an additional room granted as an accommodation to store or use the equipment,
(v) The health care or service provider approving a need for a live-in aide or other reasonable accommodation has indicated that the need or the disability will be of short duration,
(vi) The family member loses his/her disabled status, for example when a person on State disability returns to work.
If a person’s disability is obvious or otherwise known to BCHA, and if the need for the requested accommodation is also readily apparent or known, re-verification is not required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
This section does not relieve the family of the requirement to provide verification of the disability of family members at reexaminations of family income and composition
Inspectors will visually verify the use of approved rooms for reasonable accommodations on an annual basis as part of the regular inspection process.
If an applicant, resident or participant believes that any family member has been discriminated against by BCHA or an owner, the family should let BCHA know.
HUD requires the Housing Authority to make every reasonable attempt to determine whether the applicant, participant or resident’s report has merit and take any warranted action.
BCHA wants to ensure that our employees are following the law and are providing appropriate service to our customers. In some cases, the housing authority may need to retrain staff, or take other action but cannot make those determinations if we are unaware of the situation.
In addition, you have the right to file a complaint with:
Broward County Human Rights Section
(954) 357-6500
(954) 357-7888 TTY
Complaint Form: HousingNoticeRequirementsREV_01_2023.pdf (broward.org)
HUD Fair Housing
1-800-669-9777