State of Illinois
Illinois Department of Human Rights
Reasonable Accommodations
and Modications:
A Guide for Housing Professionals
This Guidebook provides general legal guidance to housing professionals on reasonable
accommodations and reasonable modications for residents with disabilities and their
family members.
This guidance may not be appropriate in all situations and is not a substitute for legal advice.
Further, federal and state law is subject to change, so it is recommended that housing
professionals contact a housing attorney in their community for further information or legal
advice.
Funding under a Cooperative Agreement with the U.S. Department of Housing and Urban
Development supported the work that provided the basis for this publication and as such,
the substance and ndings of the work are for public use. This guidebook was developed
by the Illinois Department of Human Rights in partnership with Access Living.
The author and publisher are solely responsible for the accuracy of the statements and
interpretations contained in this publication. Such interpretations do not necessarily reect
the views of the Government.
Contributors:
Esther Lee, Disability Rights Attorney
Lon Meltesen, Illinois Department of Human Rights
Mary Rosenberg, Access Living
Ken Walden, Access Living
Additional Contributors: Abdi Y. Maya, Illinois Department of Human Rights
The Illinois Department of Human Rights
(IDHR) enforces the Illinois Human Rights
Act, which prohibits discrimination in Illinois.
IDHR’s mission is to secure for all individuals
within the State of Illinois freedom from
unlawful discrimination, and to establish and
promote equal opportunity and afrmative
action for all its residents.
www.illinois.gov/dhr
Access Living is a change agent committed
to fostering an inclusive society that
enables Chicagoans with disabilities to
live fully–engaged and self–directed lives.
Access Living is a leading force in the
disability advocacy community. Access
Living challenges stereotypes, protects
civil rights and champions social reform.
www.accessliving.org
1
Contents
3 Section 1 – Importance of Reasonable Accommodations and Modications
Ensure Equal Access and Enjoyment
Make the Property More Marketable
4 Section 2 – Housing Professionals Responsible for Following Fair Housing Laws
5 Section 3 – Applicable Federal and State Laws
Fair Housing Act
Section 504 of the Rehabilitation Act
Americans with Disabilities Act
Illinois Human Rights Act
Local Ordinances
6 Section 4 – Dening Disability
Disability as Dened Under Fair Housing Laws
Apparent Disabilities
Non-apparent Disabilities
Controlled Substances or Alcohol
7 Section 5 – Reasonable Accommodations and Modications
Examples of Reasonable Accommodations and Modications
Policies and Procedures
Responding to Requests for Reasonable Accommodations and Modications
Determining the Need for Reasonable Accommodations or Modications
Gathering Information
Interactive Process
Determining if a Request is Reasonable
14 Section 6 – Associated Costs
Reasonable Accommodation Costs
Reasonable Modication Costs and Maintenance
Available Modication Funds
18 Section 7 – Complex Issues
Direct Threat
Denying an Accommodation
Communication
Assistance Animals
Parking
Early Termination of Lease or Transfer
Smoking
Aides
Criminal History
Credit History
Hoarding
Denying a Modication
Assurances
Restoration
Retaliation
32 Section 8 – Issues Unique to Certain Housing Providers
Municipalities
Condominium and Cooperative Associations
Public Housing Authorities and Other Federally Funded Housing Providers
36 Section 9 – Legal Remedies
37 Appendices
2
As of 2020, approximately 62 million people in the United States live with a disability.
1
While
the disabilities vary widely in nature and severity, for many people with disabilities it is
extremely difcult to nd and secure housing that is accessible to them and/or otherwise
meets their needs.
A reasonable accommodation is a change, exception, or adjustment to a rule, policy,
practice, or service. A reasonable modication is a structural change made to the premises.
2
The purpose of a reasonable accommodation or modication is to provide equal access to
housing for people with disabilities.
Reasonable accommodations and modications provide increased housing options that
are near transportation, jobs, and other fundamentals to economic progress by making
inaccessible units or buildings accessible to people with disabilities.
Accommodations and modications also increase the marketability of a property by appealing
to a broader customer base.
This Guidebook discusses the disability laws and the processes involved in meeting requests
for reasonable accommodations and modications in residential properties
1
Centers for Disease Control, “Disability Impacts Us All,”
https://www.cdc.gov/ncbddd/disabilityandhealth/documents/disabilities_impacts_all_of_us.pdf, September 16, 2020.
2
Joint Statement of HUD and DOJ, “Reasonable Modications under the Fair Housing Act,” (March 5, 2008) (Question 9, page 6)
available at https://www.hud.gov/sites/documents/reasonable_modications_mar08.pdf.
3
Section 1
Importance of Reasonable Accommodations and Modications
This Guidebook
The word “resident” or “residents” includes any person residing or seeking to reside
(i.e. an applicant) in apartment buildings, condominium buildings, shelters, and other
types of housing.
4
Section 2
Housing Professionals Responsible for Following Fair Housing Laws
Individuals, corporations, associations, and other entities involved in housing and residential
lending are responsible for knowing and following fair housing laws and other laws that
pertain to equal access to housing.
3
Examples include, but are not limited to:
• Property Managers
• Owners
• Landlords
• Cooperative Associations
• Municipalities
• Public Housing Authorities
• Condominium Associations
• Shelters
• Transitional Housing
• Nursing Homes
• Supportive Housing
• Assisted Living Facilities
• College Residence Halls
• Mobile Home Communities
• Banks, Lending Institutions, and Mortgage
Companies
• Appraisers, Appraisal Companies
Moreover, housing providers are responsible for acts of their agents,
including people and/or companies they hire to manage or operate their
property.
4
If someone working for the owner or managing the property
for the owner discriminates, the owner may be held responsible for the
discrimination, as though the owner had committed the discrimination.
3
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004) (Question 2,
page 3) available at https://www.justice.gov/sites/default/les/crt/legacy/2010/12/14/joint_statement_ra.pdf.
4
See City of Chicago v. Matchmaker Real Estate Sales Center, Inc., 982 F.2d 1086 (7th Cir. 1992) and U.S. v. Balistrieri, 981 F.2d 916
(7th Cir. 1992).
5
Section 3
Applicable Federal and State Laws
Local Ordinances
Municipalities or local governments may have ordinances that require reasonable
accommodations and modications for people with disabilities. For example, if the
housing is in Chicago, applicable local ordinances include the Cook County Human
Rights Ordinance and the Chicago Fair Housing Ordinance.
Federal, state, and local laws require a housing provider to grant reasonable accommodations
or reasonable modications to people with disabilities. While many laws use the term
“handicap,” that term is disfavored, so this Guidebook uses the term “disability,” which has
the same legal meaning.
Federal laws that apply to the housing rights of people with disabilities include the Fair
Housing Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities
Act. In Illinois, the Illinois Human Rights Act also applies.
Fair Housing Act
(FHA)
of 1968
Also known as Title
VIII of the Civil
Rights Act of 1968,
was passed to
protect individuals
against housing
discrimination. It
prohibits housing
discrimination
based on race, color,
religion, national
origin, and sex.
5
It was amended in
1988 to prohibit
discrimination
based on disability
and familial status.
6
The U.S.
Department of
Housing and Urban
Development
(“HUD”) enforces
the FHA.
Section 504
Rehabilitation Act
of 1973
Prohibits
discrimination based
on disability by any
entity that receives
federal nancial
assistance, such as
public housing
authorities, privately
owned buildings that
receive federal funds
(e.g. project-based
Section 8 units), and
federally-funded
housing programs.
7
Americans with
Disabilities Act
(ADA)
Prohibits
discrimination against
people with
disabilities.
8
The ADA
generally does not
cover housing, except
as follows:
Title II of the ADA
prohibits
discrimination based
on disability in state
and local government
housing programs
(e.g. state-funded
housing); and Title III
of the ADA covers
discrimination in
leasing and property
management ofces
that are open to the
public.
9
The U.S.
Department of Justice
(“DOJ”) enforces the
ADA.
Illinois Human
Rights Act
(IHRA)
Prohibits
discrimination in
employment,
nancial credit, public
accommodations, and
real estate
transactions based on
disability and other
protected classes.
10
The IHRA, like the Fair
Housing Act, makes it
unlawful to
discriminate in the
sale or rental of
residential property.
The Illinois
Department of
Human Rights
(“IDHR”)
enforces the IHRA.
5
The Fair Housing Act is codied at 42 U.S.C. §§ 3601 - 3619.
6
See generally Fair Housing Amendments Act, Pub. L. No. 100-430, 102 Stat. 1619 (codied at 42 U.S.C. § 3604 (2006)).
7
The Rehabilitation Act of 1973, 29 U.S.C. 794.
8
The Americans with Disability Act, 42 U.S.C 12101 et seq.
9
See Department of Justice, Title III Technical Assistance Manual, § III-1.2000 (1993), available at
https://www.ada.gov/taman3.html.
10
The Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.
6
Section 4
Dening Disability
Abuse of controlled substances or alcohol
Individuals currently abusing a controlled substance or alcohol are not covered by
fair housing laws. However, people recovering from substance or alcohol abuse are
considered people with disabilities and are entitled to reasonable accommodations and
modications.
14
In order for an individual to be eligible to receive a reasonable accommodation or modication,
the individual must be a person with a disability. While disability may be dened differently
by federal, state, or local fair housing law, in most cases, if a condition constitutes a disability
under one fair housing law, it likely constitutes a disability under other fair housing laws.
For purposes of this Guidebook, this section will focus on the federal denition
of disability. However, since housing providers are subject to federal, state, and
local fair housing laws and those denitions of disability may vary, housing
providers should examine and be familiar with any differences between the
denition of disability in those laws.
Disability
A disability can be physical or mental. A person has a disability if the condition substantially
limits at least one major life activity, such as walking, hearing, seeing, working, or learning.
11
A person can also be considered disabled under civil rights laws if regarded as having
disability, even if the actual condition does not qualify as a disability.
12
In addition, a person is considered disabled under civil rights laws if there is a record of
having a disability.
13
Examples of Disability
• A person who has visible scarring may be considered disabled if treated
differently because of that trait.
• Someone with a hearing aid or someone who uses a wheelchair has an
apparent disability.
• People with intellectual disabilities, chronic pain or fatigue, mental health
disabilities, and learning disabilities have non-apparent disabilities.
Apparent Disabilities
Apparent disabilities are ones that can be easily seen or detected by others.
Non-apparent Disabilities
Non-apparent disabilities are ones that cannot be easily seen or detected by others. They are
also referred to as invisible disabilities. Housing providers must treat non-apparent disabilities
in the same manner as apparent disabilities.
11
The Fair Housing Act, 42 U.S.C. §3602(h)(1).
12
The Fair Housing Act, 42 U.S.C. §3602(h)(3).
13
The Fair Housing Act, 42 U.S.C. §3602(h)(2).
14
See the Fair Housing Act, 42 U.S.C. §3602(h).
7
Section 5
Reasonable Accommodations and Modications
Reasonable accommodations are a change, exception, adaptation, or adjustment to a
housing provider’s rule, policy, regulation, practice, program, or service that will help the
person with a disability have an equal opportunity to access and use the unit and common
areas.
15
Examples of Reasonable Accommodations
• Providing a reserved accessible parking space near a resident’s unit for
someone with a mobility or respiratory disability.
• Providing documents in alternate formats such as large print or in
electronic form for a person with a vision disability.
• Allowing a resident with a disability to have an assistance animal in a
“no-pets” building.
• Waiving guest fees or guest rules for a live-in aide for a resident
with a disability.
15
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004)
(Question 6, page 6) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf.
16
Joint Statement of HUD and DOJ, “Reasonable Modications under the Fair Housing Act,” (March 5, 2008)
(Question 2, page 3) available at https://www.hud.gov/sites/dles/FHEO/documents/reasonable_modications_mar08.pdf.
Reasonable modications are a structural change to the unit or common area so that the
person can access and use the premises.
16
Examples of Reasonable Modications
• Installing grab bars in the bathroom.
• Changing doorknobs to levers for easier access.
• Installing a ramp to the front door of the building.
• Installing a doorbell with a light instead of sound.
• Widening the doorways in a unit for easier access.
A request for a reasonable accommodation or modication may occur any time during
the application process, the signing of a lease, the tenancy, or even during the eviction or
nonrenewal process. Moreover, the request can be made by a family member or person
acting on behalf of the person with a disability.
Housing providers must:
• Engage in an interactive process with residents who request an
accommodation or modication;
• Respond in an adequate and prompt manner;
• Determine if there is a need for the request; and
• Determine if the request is reasonable.
8
Section 5-Reasonable Accommodations and Modications
Policies and Procedures
Residents may request an accommodation or modication orally, in writing, or on a form.
There is no particular form a resident must use to request an accommodation or
modication. Further, no special language is required (i.e. the request does not need to
mention specic laws or use the phrase “reasonable accommodation” or “reasonable
modication”).
17
17
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004)
(Questions 12 and 13, pages 10-11) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf and
Joint Statement of HUD and DOJ, “Reasonable Modications under the Fair Housing Act,” (March 5, 2008) (Question
15, pages 9-10) available at https://www.hud.gov/sites/dles/FHEO/documents/reasonable_modications_mar08.pdf.
18
Id.
Housing providers are not required to set policies or formal procedures covering
reasonable accommodations or modications. However, they can be helpful.
Reasonable accommodation and modication policies provide a roadmap
to the resident regarding the housing provider’s process for considering and
handling a request and help ensure the housing provider handles the request
appropriately.
If a policy or procedure does exist, a housing provider cannot refuse a
request for an accommodation or modication because a resident failed
to follow the established policy or formal procedures in making a request.
Housing providers should consult with an attorney who is knowledgeable
about disability law when adopting these types of policies.
18
Determining the Need for a Reasonable Accommodation or Modication
The housing provider must also determine if there is a need for the accommodation or
modication because of the resident’s disability.
9
Section 5-Reasonable Accommodations and Modications
Responding to a Request
Once a request for an accommodation or modication has been made, the housing provider
has an obligation to respond to the request regardless of when the request was made or how
it was communicated.
19
19
Id.
20
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004)
(Question 15, page 11) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf.
21
Jankowski Lee & Assocs. v. Cisneros, 91 F.3d 891, 895 (7th Cir. 1996).
22
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004)
(Question 7, page 7) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf.
1. Timeliness: Housing providers must respond in a timely manner. Any
undue delay may be deemed a denial of the request.
20
2. Estimate Timeline: Housing providers must give an anticipated response
date or timeline. If housing providers are not able to respond within a
timely manner, they should let the person know when to expect a response.
Otherwise, the lack of response could be deemed a denial.
3. Condentiality: Housing providers must respect an individual’s privacy.
All information provided to the housing provider related to the
individual’s disability should be kept condential.
Although not required by law, housing providers should respond in writing
and retain copies of all documentation regarding the request.
Section 5-Reasonable Accommodations and Modications
23
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004) (Question 6, page
6) available https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf and Joint Statement of HUD and DOJ,
“Reasonable Modications under the Fair Housing Act,” (March 5, 2008) (Question 2, page 3) available at
https://www.hud.gov/ofces/fheo/disabilities/reasonable_modications_mar08.pdf.
24
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004) (Question 7,
page 7) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf.
25
Id. (Questions 17 and 18, pages 12-14)
If the accommodation or modication enables equal access and use of the
dwelling, then it is needed.
23
Examples: Determining the Need for an Accommodation
• Hae Jung’s landlord requires tenants to pay rent in person at the rental
ofce that is three blocks away from the apartment building. Hae Jung
has a psychiatric disability that makes her afraid to leave her unit. She
requests permission to mail her rent payment. Hae Jung’s disability
creates a need for her to mail her rent check and, therefore, the
accommodation request should be granted.
• Kwane has epilepsy. Kwane works late and asks permission from the
condominium association to use the pool after hours. There is no
distinguishable disability-related need for Kwane to use the pool after
hours and, therefore, the accommodation request can be denied.
A housing provider is not obligated to provide the exact accommodation
or modication requested if an alternative accommodation or modication
will be equally effective in addressing the resident’s needs.
24
However, the housing provider should give deference to the original
accommodation or modication requested because the person with a
disability is in the best position to know what is needed.
Gathering Information
Housing providers are entitled to information necessary to evaluate whether a request for a
reasonable accommodation or modication is needed. The inquiries a housing provider can
make depend upon whether the resident’s disability and the need for the accommodation or
modication are apparent.
If the disability is apparent or otherwise known, the housing provider may not ask for
additional information. The housing provider may only request information necessary to
evaluate the need, if the need is not known or apparent.
25
10
11
Section 5-Reasonable Accommodations and Modications
If the disability is not apparent or known, the housing provider may request information to
verify the disability, such as a letter from a medical professional, social service provider, the
Social Security Administration, or other reliable third-party.
26
Id. (Questions 17 and 18, pages 12-14)
The housing provider may not ask a resident to disclose a specic diagnosis
or provide his or her entire medical history.
26
Examples: Requests for Information
• Leah uses a walker. She asks her housing provider to assign her a
parking space near the entrance to the building. Because Leah’s disability
and need for the requested accommodation are both obvious, the
housing provider may not ask for additional information.
• Jose uses a wheelchair. He asks his housing provider if he can keep an
emotional support dog in his unit even though the provider has a “no-
pets” policy. Jose’s physical disability is apparent but the need for an
emotional support animal is not. The housing provider may ask Jose to
provide information about the need for the dog.
12
Section 5-Reasonable Accommodations and Modications
27
Id. (Question 7, pages 7-8)
Determining if a Request for an Accommodation or Modication is
Reasonable
If the request for an accommodation or modication is necessary, the housing provider
then evaluates whether the request is reasonable.
A request for an accommodation is not reasonable if it:
imposes an undue nancial and administrative burden on the housing provider;
or fundamentally alters the basic operation or nature of a housing provider’s
services or programs by signicantly modifying, eliminating, or adding to the
services it provides.
27
A request for a modication is not reasonable if:
the resident fails or refuses to provide the proper assurances the housing
provider has requested regarding the workmanship, permits, and restoration of
the property, as more fully explained in Section 6-Associated Costs and Section
7-Complex Issues.
13
Section 5-Reasonable Accommodations and Modications
28
Id. (Question 7, pages 7-8)
To determine whether a request for an accommodation imposes an
undue burden, a housing provider should consider:
• the administrative and nancial costs of the request,
• the costs of the housing provider’s regular operations,
• the overall nancial resources available to the housing provider,
• the benet the request would have on the requestor, and
• whether there are any alternatives which could be granted.
28
Example of a Fundamental Alteration
Asking a landlord to pick up groceries for a tenant with a disability would
be a fundamental alteration of the landlord’s business of providing rental
housing. This request is unreasonable.
14
Section 6
Associated Costs
Reasonable Accommodation Costs:
Because a reasonable accommodation is a change or an exception to a rule, policy, practice,
or service, it often involves no costs. However, if there is a cost, a housing provider is typically
responsible. Also, a housing provider cannot require a fee or deposit for an accommodation.
29
29
Id. (Question 9, pages 8-9)
30
HUD FHEO Notice FHEO-2013-01 on Service Animals and Assistance Animals for People with Disabilities in Housing and
HUD-Funded Programs (April 25, 2013).
Because assistance animals are not pets, a housing provider cannot assess
pet fees, special security deposits, or related pet costs for assistance animals.
If an assistance animal causes damage to a unit or common areas beyond
regular wear and tear, the housing provider may seek to recover costs
associated with the damage from the resident in the same manner it would
for damage caused by any other resident.
30
A housing provider must not require a person with a disability to obtain liability insurance
as a condition for approval of an assistance animal. If a housing provider’s insurance carrier
refuses to cover the property, substantially increases the cost of coverage, or adversely
changes the terms of the housing provider’s policy because the housing provider permits a
certain breed of animal as an accommodation, the housing provider should work with the
resident to request a reasonable accommodation to the insurance policy from the carrier.
15
Section 6-Associated Costs
Reasonable Modication Costs and Maintenance:
A reasonable modication is a structural change to the unit or common area so that the person
can enjoy full access and use the premises. Modications can be made to the common areas
and interior of the unit.
31
The general rule is the resident pays for the modication.
32
However, if the housing provider receives federal nancial assistance, the housing provider
must pay for the modication under Section 504 of the Rehabilitation Act, unless doing so
would impose an undue burden.
33
If a resident has a tenant-based Housing Choice Voucher
(formerly called “Section 8” voucher), Section 504 does not apply and the resident has to pay
for the modication.
A housing provider may not refuse to grant a modication because it speculates
that the modication may affect the aesthetics or property value of the building.
A housing provider may require a more aesthetically pleasing design if it does
not impose any additional costs and meets the resident’s needs.
34
If the housing provider requires a higher aesthetic standard, which in turn requires
more costly materials, the housing provider must pay for those additional costs
and the proposed design must meet the resident’s needs.
35
Housing providers cannot require the resident to obtain special liability insurance
for the requested modication.
36
31
Joint Statement of HUD and DOJ, “Reasonable Modications under the Fair Housing Act,” (March 5, 2008) (Question 10,
page 7) available at https://www.hud.gov/sites/dles/FHEO/documents/reasonable_modications_mar08.pdf.
32
Id. (Question 3, page 3)
33
Id. (Question 31, pages 16-17). See also, 29 U.S.C. 794.
34
Joint Statement of HUD and DOJ, “Reasonable Modications under the Fair Housing Act,” (March 5, 2008) (Question 19,
page 11) available at https://www.hud.gov/sites/dles/FHEO/documents/reasonable_modications_mar08.pdf.
35
Id. (Question 20, page 11)
36
Id. (Question 22, page 12)
16
Section 6-Associated Costs
Generally, the resident is responsible for upkeep of a modication in the unit, such as upkeep
for a chair lift.
If the housing provider normally maintains the common area, then the housing provider is
responsible for maintaining the modication to a common area, such as upkeep for a ramp
to the front entrance of the building.
If residents are normally responsible for upkeep of the common area, then the resident is
responsible for maintaining the modication.
37
37
Id. (Question 13, pages 8-9)
Example of Reasonable Modication Costs
Carlos rents a single family home and his lease requires him to clear the
sidewalk and driveway of snow. Carlos installs a ramp at the front door of the
home. Carlos is responsible for maintaining the ramp.
17
Section 6-Associated Costs
Available Modication Funds
Below are resources for funding home modications
(installing grab bars, wheelchair lifts, or ramps, etc.):
Children with disabilities under 21:
UIC Division of Specialized Care for Children
312-996-6380
www.dscc.uic.edu
Under 60:
Chicago Mayor’s Ofce for People with Disabilities
312-744-7050
www.cityofchicago.org/disabilities
Illinois Department of Human Services
Division of Vocational Rehabilitation:
Various locations and phone numbers
www.dhs.state.il.us
Over 60:
The City of Chicago’s Small Accessible Repairs for Seniors (SARFS)
and
Resources for Senior Help with Home Modications
312-744-0841
www.cityofchicago.org
Eldercare Locator
1-800-677-1116
www.eldercare.gov
Other resources:
Funding sources for modications compiled by a
private modication company:
https://www.lifewaymobility.com/resources/national-funding-sources/
Funding sources for modications compiled by
Family Resource Center on Disabilities:
www.frcd.org/accessibility
Section 7
Complex Issues
Direct Threat
A housing provider may not need to accommodate a person if he or she constitutes a direct
threat to other people or the property of others. Behavior that is bizarre, annoying, or unusual,
but not threatening or violent in nature, is generally not sufcient to constitute a direct threat.
Determining whether a person imposes a direct threat cannot be based upon the housing
provider’s fear, speculation or stereotypes. It must be based upon an individualized assessment
of reliable objective evidence, such as the person’s current conduct or recent history of overt
acts, including:
(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.
Example of Direct Threat
Maria has a psychiatric disability and takes medication that makes her sleepy.
Due to the medication, Maria fell asleep while baking, causing a small re.
She woke up in time to call the re department and the re was put out.
Maria explained to the apartment manager that her medication made her fall
asleep. Nevertheless, the apartment manager intends to evict her.
Prior to ling an action to evict, the manager must determine whether an
accommodation will alleviate the risk of the direct threat caused by Maria’s
disability.
40
For example, Maria could: (1) remove the oven or add a device
that turns off the oven after a certain time, (2) hire an aide to cook for her,
or (3) replace the medication that makes her sleepy. If no accommodations
alleviate the risk, the manager can le to evict.
41
38
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004)
(Questions 4 and 5, Pages 4-6) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf.
39
Id.
40
The Fair Housing Act, 42 U.S.C. § 3604(f)(9); 24 C.F.R. § 100.202(d); Chevron U.S.A. v. Echazabel, 536 U.S. 73, 86 (2002)
(citing 29 C.F.R. § 1630.2(r)); Cromwell & Taylor LLP v. Moore, 2000 Minn. App. LEXIS 1317 (Dec. 22, 2000); Roe v. Sugar
River Mills Assocs., 820 F.Supp. 636, 640 (D.N.H. 1993); Roe v. Hous. Auth., 909 F.Supp. 814, 822-23 (D. Colo. 1995).
41
Habitat Co. v. McClure, 301 Ill.App.3d 425, 441 (1st Dist. 1998).
In assessing whether a person would be a direct threat, the housing provider
must take into consideration whether the person has received intervening
treatment or medication that has minimized or eliminated the risk of the direct
threat.
38
Even if a housing provider believes a resident poses a direct threat, a housing provider must
determine whether a reasonable accommodation would alleviate the threat prior to taking an
action against the resident. If the accommodation would alleviate the direct threat, and not
cause an undue burden, the accommodation must be granted.
39
18
42
Keys Youth Services, Inc. v. City of Olathe, Kan., 75 F.Supp.2d 1235, 1244 (D. Kan 1999).
43
Sinisgallo v. Town of Islip Housing Authority, 865 F.Supp.2d 307, 340-341 (E.D. N.Y. 2012).
19
Denying an Accommodation
Housing providers must have valid reasons for denying an accommodation. The
following are invalid reasons:
• The accommodation would violate rules or policies: An accommodation is
an exception to the housing provider’s rules. Sheer reluctance to allow an
exception to the rules is not a valid reason to deny an accommodation.
• The resident already received an accommodation: More than one
accommodation may be needed if a resident’s needs have increased, the
previous accommodation request proves to be insufcient, or if the new
accommodation addresses a different need.
• Allowing the accommodation will open the oodgates: An accommodation
cannot be denied because of fear that others will want something similar.
If an accommodation is granted to a resident with a disability, a similar
arrangement is not required for a person without a disability or need for
the accommodation.
• Impair aesthetics and property values: A housing provider may not deny
an accommodation because of speculation that it may affect the aesthetics
or property value of the building.
42
• Dislike of the resident: A housing provider’s opinion of a resident’s character
or behavior, or a bad relationship with the resident, is generally not
relevant as to whether the accommodation is needed.
• Housing provider’s perception of what is best: A housing provider may not
deny a person with a disability an accommodation because the housing
provider believes the housing is unsafe, the person needs more care, or
the person should live in a different environment, such as a nursing home.
• Requests made during evictions: A person may request an accommodation
at any time during the application process and throughout the tenancy,
even after the housing provider les for an eviction.
43
Section 7-Complex Issues
20
Section 7-Complex Issues
Examples of Improper Denials
• Sasha has a personal attendant assisting her daily with chores, such
as cooking and cleaning. As a reasonable accommodation, Sasha
requests that her personal attendant be allowed to use the laundry
facility. The accommodation is denied because the housing provider
believes the resident should live in a nursing facility. This would be
improper.
• Rita’s landlord led an eviction action because of clutter in her
apartment. The clutter results from Rita’s psychiatric disability. As a
reasonable accommodation, she requests that her landlord give her
more time to clean. It would be improper for the landlord to continue
with the eviction without considering her request for a reasonable
accommodation.
• Donald’s landlord gives him a notice that his lease will not be
renewed. Donald’s son lives with him and he uses a wheelchair.
Donald looks for a new accessible unit but is unable to nd one and
overstays his tenancy. His landlord les an eviction action. As a
reasonable accommodation, Donald requests additional time to nd
a new accessible place for him and his son. It would be improper for
the landlord to continue with the eviction without considering
Donald’s request for a reasonable accommodation.
The person with a disability is in the best position to determine where to
live and what assistance or accommodations are needed.
21
Section 7-Complex Issues
Communication
If a resident has a disability that impairs his or her ability to communicate with the housing
provider, the resident may request that the housing provider alter its standard mode of
communication as a reasonable accommodation.
Examples of alternative modes of communication are: providing printed material in an
alternative format, such as Braille or large print; arranging for sign language interpretation
or captioning; using a telephone or video relay system for an individual who is Deaf or has a
speech disability; or communicating by e-mail.
Communication tips for housing providers:
• Do not assume a person with a speech disability has difculty hearing
or understanding.
• Ask the person to identify the preferred method of communication, such
as e-mail or online chat.
• Be patient. A conversation with someone with a communication
disability may take longer and the housing provider should not end
the communication (e.g. hang up the phone).
• If necessary, ask the person to repeat or clarify statements. Generally, a
person with a communication disability will not be offended.
• Speak directly to the person with a disability and not to an interpreter
assisting the person (e.g. state “I want to talk to you about…” rather
than “Tell her [the person with a disability] that…”).
22
Section 7-Complex Issues
Assistance Animals
The term “assistance animal” refers to any animal that performs tasks or provides emotional
support to lessen the effect of a disability.
Assistance animals are not pets and not subject to a housing provider’s “no-pet” policies or
pet rules, including pet fees, special security deposits, or related pet costs.
44
There is no limit to the number of assistance animals a person with a disability can have,
provided there is a disability-related need for that number of animals. If a person requests
more than one assistance animal, the housing provider must evaluate whether the number
of animals requested is needed and reasonable.
While a dog is the most common assistance animal, there is no requirement that the animal
be a dog.
44
HUD FHEO Notice FHEO-2013-01 on Service Animals and Assistance Animals for People with Disabilities in Housing and
HUD-Funded Programs (April 25, 2013).
23
Section 7-Complex Issues
Examples of Assistance Animals
• Seeing-eye dogs
• Hearing dogs who alert their owners to sounds
• Dogs that pull a person in a wheelchair or pick up items for
a person with a disability
• Animals that provide emotional and/or psychological
support to individuals with mental disabilities
A housing provider may not apply size and weight limitations to assistance animals. Also, a
housing provider may not restrict particular breeds, such as Pitbulls, because of speculation
about their behavior. A housing provider may deny the accommodation if a particular animal
poses a direct threat based on objective evidence about the animal’s actual conduct.
45
Before denying an assistance animal based on another resident’s allergy or fear of the
assistance animal, the housing provider must show that the assistance animal posed a
direct threat of harm to the other resident which could only be addressed by prohibiting the
assistance animal. All determinations of direct threat of harm to the other residents must be
based on an individualized assessment that relies on objective evidence about the specic
animal’s actual conduct, and not on mere speculation or fear about harm or damages an
animal may cause.
46
The resident is responsible for supervising the assistance animal and must always maintain
full control of the assistance animal by use of a leash, a carrier, or voice. A housing provider
must not require an assistance animal to wear a special collar or harness that identies the
animal as an assistance animal.
Assistance animals do not need any special certication or training.
47
A housing provider can
ask for proof that the assistance animal was vaccinated and require that it be housebroken.
45
Id.
46
Id.
47
Id.
The housing provider can address any problems with the animal’s behavior
in the same manner it would address similar problems.
24
Section 7-Complex Issues
ADA vs. FHA
The Americans with Disabilities Act (ADA), which applies to businesses, employers, and
government entities, limits the denition of “service animal” to dogs and miniature
horses trained to perform a disability-related task.
The ADA does not cover a person’s need for an emotional support animal, unless the
animal is trained to perform a disability-related task.
Housing providers must not confuse the denition of service animal under the ADA with
the denition of assistance animal under the Fair Housing Act (FHA).
A housing provider must allow an assistance animal to accompany the person with a disability
to all areas of the building where the public or residents are allowed.
IHRA Section 3-104.1
Under the Illinois Human Rights Act (IHRA), it is illegal for a housing provider to:
(A) refuse to sell or rent property to a person with a disability because of a guide,
hearing, or support dog;
(B) discriminate against a person with a disability in contracting, selling, or renting
property, or in any services or facilities related to the contract, sale, or rental because
of a guide, hearing, or support dog;
(C) charge an extra fee for the guide, hearing, or support dog, other than for actual
damage done by the dog.
48
48
The Illinois Human Rights Act, 775 ILCS 5/3-104.1.
The following is a list of best practices when interacting with assistance animals:
• Do not pet the animal because this distracts the animal.
• Do not feed the animal as the animal should be cared for and fed by its owner.
• Do not startle or distract the animal.
• Do not stand between the animal and its owner.
• Do not assume a person with a disability wants to discuss the animal, the need for the
animal, or assistance animals in general. Many people with disabilities do not care to
share details regarding their disability or their assistance animal.
25
Section 7-Complex Issues
Parking
If a housing provider offers parking for residents, the housing provider must reasonably
accommodate a person with a disability by making an exception to its parking policies.
This obligation exists whether the parking spaces are
available to residents on a rst-come and rst-serve basis
or reserved.
Some residents with disabilities may need a formal
accessible parking space (a space with an access aisle
specically designed, painted, and marked as an accessible
parking space).
Others may simply need a reserved parking space close to an entrance. Thus, it is important
to talk to the resident about what kind of parking space is needed and explore what options
are available.
Proof that the resident has a disabled parking placard issued by the Illinois
Secretary of State usually is sufcient to demonstrate the resident’s need
for a reserved accessible parking space.
If a housing provider provides parking on a rst-come and rst-serve basis, the housing
provider may need to reserve a space for a resident with a disability. Maintaining a certain
number of accessible parking spaces may not be sufcient because those spaces may not be
available when needed. Even if parking spaces are reserved, leased, or deeded, a housing
provider must reasonably accommodate a resident.
Examples of Solutions for Reserved Parking
• Ask the user/owner of the leased or deeded space to
voluntarily exchange the space
• Modify the terms of the lease to allow the housing
provider to exchange spaces
• Reserve the space specically for the resident with a
disability once the current lease expires
• If spaces cannot be exchanged, create new space from
unused space in the parking lot, such as where the
garbage bins or maintenance equipment is kept.
26
Section 7-Complex Issues
Early termination of lease or transfer to a different unit
Residents with disabilities who reside in a unit that is not accessible may request as an
accommodation to:
(a) leave a unit early;
(b) transfer to a unit within the same building or development; or
(c) transfer to a unit in another building managed by the same housing provider.
Housing providers should consider these requests as they would any other reasonable
accommodation requests. They may be required to waive any associated fees unless the
waiver creates an undue burden for the housing provider.
49
Extra time to move
A person with a disability may need more time than someone without a disability to nd and
move into alternative housing because affordable and accessible housing is in short supply.
A housing provider who gives a resident with a disability a notice to vacate by a certain
date may need to provide extra time to move as a reasonable accommodation based on a
disability.
Smoke-free and allergy/chemical-free environment
49
Bentley v. Peace and Quit Realty 2 LLC, 367 F.Supp.2d 341, 345-6 (E.D. N.Y. 2005); Samuelson v. Mid-Atlantic Realty Co., Inc.,
947 F.Supp. 756, 759-762 (D.Del 1996).
A housing provider may need to accommodate a resident with severe asthma, allergies,
chemical sensitivities, or other respiratory conditions by:
• Restricting the use of certain chemicals and/or smoking in the common or public
areas of the building.
• Offering the resident the opportunity to move to a vacant unit away from the
chemicals or drifting smoke.
27
Section 7-Complex Issues
• Adopting smoke-free policies for an entire building or certain buildings in a
multiple unit housing complex.
• Repairing walls, windows, doorways, etc. and replacing carpeting to reduce or
eliminate secondhand smoke seepage.
• Changing heating or ventilation systems to eliminate secondhand smoke dispersal
among apartment units.
Live-in aides are workers who reside with residents with disabilities and provide essential
care and/or assistance to the resident. Live-in aides may be professionals or relatives. If a
housing provider has rules that limit who may occupy a unit with the resident, the housing
provider may be obligated to make exceptions to those rules to allow a live-in aide as a
reasonable accommodation.
Similarly, persons with a disability may need the assistance of a supportive health care
worker, personal attendant, or a homemaker to visit the unit and provide services to the
person with a disability.
Aides
If a housing provider has rules that limit who may visit, the housing provider
may have to make exceptions to those rules to allow access to the building.
50
HUD, “Ofce of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by
Providers of Housing and Real Estate-Related Transactions,” (April 4, 2016) available at
https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF.
Criminal history
A housing provider may have a policy to disqualify applicants with a criminal history.
However, it may be discriminatory to exclude applicants with a criminal history, regardless
of disability, without evaluating the candidate on a case-by-case basis and taking into
consideration mitigating factors, such as the nature of the crime and length of time since
the arrest or conviction.
50
28
Section 7-Complex Issues
51
Giebeler v. M&B Associates, 343 F.3d 1143 (9th Cir. 2003)
Example of Fact-Specic Circumstance of
Criminal History and Disability
Moreover, depending on fact-specic circumstances, a housing provider may need to
reasonably accommodate an applicant with a disability if there is a connection between the
criminal history and disability, although at least one court has concluded otherwise.
Bernie, due to a psychiatric situation, was convicted of disorderly conduct
twenty years ago. Since then he has received psychiatric treatment and has
no other criminal incidents. He applies for an apartment with a landlord who
has a policy that prohibits tenants with previous convictions. Bernie can ask
for an accommodation to the policy because his conviction is related to his
disability and he does not present a threat of harm.
Credit history
A housing provider may have a policy to disqualify applicants based on poor credit history.
However, in some circumstances, a housing provider may need to reasonably accommodate
an applicant with a disability if there is a direct connection between the insufcient or poor
credit and disability, and the person is otherwise qualied to rent (e.g. has sufcient income
to pay the rent).
51
Examples of Fact-Specic Circumstances of
Credit History and Disability
• Vladimir was hospitalized for an extended period due to his disability,
and was unable to pay bills. As a result, he accumulated a signicant
amount of credit debt. He has since worked out a payment plan for his
debt and has sufcient income to continue renting an apartment, but
now he has a poor credit score. He applies for a new apartment, but is
rejected due to his credit score. Vladimir can ask for an accommodation
because his poor credit is directly related to his disability.
• Henry, who has a physical disability, has a large credit card debt and
poor credit score due to overspending. He applies for an apartment but
is rejected due to his poor credit score. Because his poor credit
score is unrelated to his disability, the housing provider does not need
to make an exception to its policy.
29
Section 7-Complex Issues
52
Rutland Court Owners, Inc. v. Taylor, 997 A.2d 706 (D.C. 2010) (after cooperative board attempted to evict resident for
failing to adequately clean and exterminate his apartment following bedbug infestation, court concluded request for
more time to clean was sufcient to notify the board of need for accommodation); Douglas v. Kriegsfeld Corp., 884
A.2d 1109 (D.C. 2005) (reversing trial court decision barring tenant’s reasonable accommodation defense when
landlord refused to stay eviction action for unsanitary condition of apartment after Adult Protective Services agreed to
assist tenant with cleaning the unit while action was pending); Schuett Inv. Co. v. Anderson, 386 N.W.2d 249 (Minn. Ct.
App. 1986) (refusing eviction of tenant for maintaining conditions approaching re hazard without rst making
reasonable accommodation to help alleviate them); Lebanon Cnty. Hous. Auth. v. Landeck, 967 A.2d 1009 (Pa. Super.
Ct. 2009) (holding trial court should have considered evidence related to tenant’s reasonable accommodation request
to PHA seeking stay of eviction process for poor housekeeping).
Hoarding
If a person’s practice of hoarding constitutes a disability or results from a disability, the
person may request a reasonable accommodation from the housing provider, such as extra
time to clean up the unit and/or assistance in removing the clutter.
52
Denying a Modication
Housing providers must have a valid reason to deny a modication.
• Speculation that the modication violates a re or building code is not
sufcient. The housing provider must identify an actual violation of the re
or building code.
Example of Improper Denial
A resident requests to install a chair lift in the common area stairway. There
is sufcient space to install the chair lift under the re and building codes.
The housing provider cannot deny the request based on its fear that other
residents are at risk in the event of a re.
30
Section 7-Complex Issues
Assurances
Before granting permission for a reasonable modication, the housing
provider can require:
• A description of the modication, which may be verbal or written
depending on the nature of the proposed modication.
53
• Reasonable assurances that the modication will be done in a
professional manner.
• The work be done in compliance with all relevant building and architectural
codes, and performed by a licensed contractor. Note: The housing provider
may not insist the resident use a specic contractor.
54
• The resident obtain necessary permits.
55
53
Joint Statement of HUD and DOJ, “Reasonable Modications under the Fair Housing Act,” (March 5, 2008) (Question
21, pages 11-12) available at https://www.hud.gov/sites/dles/FHEO/documents/reasonable_modications_mar08.pdf.
54
Id. (Question 23, page 12)
55
Id. (Question 23, page 12)
56
Id. (Question 21, pages 11-12)
57
Id. (Questions 24-25, pages 12-13)
58
Id. (Question 26, page 13)
A housing provider may deny a request as unreasonable if the housing provider asks for
this information and it is not provided.
56
Restoration
Housing providers can require that a resident remove a modication to a unit and restore the
unit to its original condition at the end of the residency, if the housing provider requests it
and it is reasonable to do so.
Generally, a housing provider should only require restoration if the modication affects a
future resident’s enjoyment of the unit.
57
A housing provider cannot require that a modication
to a common area (e.g. a ramp to the front door) be restored to its original condition.
58
Examples of Individual Unit Restoration
• Because Pam uses a wheelchair, she obtained permission from her housing
provider to remove the base cabinets and lower the kitchen sink. It is
reasonable for the housing provider to require Pam, when she vacates, to
reinstall the cabinets and raise the sink back to its original height.
• Because of a mobility disability, Rich obtained approval from the housing
provider to widen doorways in his unit to allow him to maneuver through
them in his wheelchair. It is not reasonable for the housing provider to require
him to restore the doorways to their prior width because a slightly wider door
does not interfere with the use of the apartment.
31
Section 7-Complex Issues
60
The Fair Housing Act, 42 U.S.C. §818; the Illinois Human Rights Act, 775 ILCS 5/6-101(A).
59
Id. (Questions 27-28, pages 13-15).
In limited circumstances, if the housing provider requests restoration and
is uncertain the resident will be able to pay for restoration, the housing
provider can require a deposit into an interest-bearing account to cover
restoration costs. The interest generated from the account will count
towards the restoration costs.
59
Retaliation
Retaliation occurs when a housing provider attempts to discourage a resident from, or
punishes a resident for, requesting a reasonable accommodation or modication by taking
an adverse action against the resident.
A housing provider cannot retaliate against a resident because the resident
requested an accommodation or modication.
60
Adverse actions which could be retaliatory if in response to a request for an accommodation
or modication:
• Non-renewal of lease
• Increase in rent
• Eviction
• Harassment
Section 8
Issues Unique to Certain Housing Providers
Municipalities
Municipalities have a duty to accommodate their residents by making exceptions to their
ordinances and zoning restrictions.
61
32
62
The Illinois Condominium Act, 765 ILCS 605/18.4(q).
61
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004)
(Question 2, page 3) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf.
Examples of Zoning Exemption
A not-for-prot organization attempts to purchase a vebedroom home
in a residential area to use as a group home for people with autism.
The municipality’s zoning ordinance restricts occupancy to a single
family. The organization requests a zoning variance so that the home
can be occupied by ve individuals with autism. The municipality
should treat the organization’s request for a variance as a request for
a reasonable accommodation.
Condominium and Cooperative Associations
Both condominium and cooperative associations are covered by fair housing laws and are
required to grant reasonable accommodations or modications to people with disabilities.
• Associations must comply with fair housing laws: Section 18.4(q) of the
Illinois Condominium Act specically gives condominium association
board members the authority to “reasonably accommodate the needs
of a unit owner who is a person with a disability as required by the
federal Civil Rights Act of 1968, the Illinois Human Rights Act, and
applicable local ordinances with respect to the use of common
elements or approval of modications in a unit.”
62
• Associations must consider requests from both owners and renters:
Associations are required to engage in the interactive process. The
association may need to make an exception for tenants requesting an
accommodation or modication if the association ordinarily only allows
unit owners to communicate directly with the board or appear at board
meetings.
• Association board members must remain unbiased in assessing
requests: Although board members may be attorneys, doctors, or other
professionals, their role is only to determine whether a resident has
provided sufcient information for the accommodation or modication.
The board may only request additional information if the resident does
not submit reasonably reliable information.
Section 8-Issues Unique to Certain Housing Providers
33
64
National Housing Law Project, “Reasonable Accommodation in Federally Assisted Housing,” (citing 24 C.F.R. § 982.204(c)(2)
(2012); HUD PUBLIC HOUSING GUIDEBOOK, supra note 58, at 39–40 (providing a detailed list of possible reasonable
accommodation to waiting list procedures), 58–59; HUD HANDBOOK 4350.3, supra note 14; HUD VOUCHER GUIDEBOOK, supra
note 81, at 4-6).
65
National Housing Law Project, “Reasonable Accommodation in Federally Assisted Housing,” (citing HUD, PHOG, supra note
14, at 106–07; HUD HANDBOOK 4350.3, supra note 14, at 7-28; see also Distler v. El-Ad Reserve at Lake Pointe, L.L.C., 2011 WL
3715091 (M.D. Fla. Aug. 24, 2011) (denying landlord’s motion for summary judgment on failure to accommodate claim when
landlord refused tenant’s request to move from second oor to ground oor unit); NHLP, Historic Settlement Reach Regarding
Unit Transfers for People with Disabilities,30 © 2012 National Housing Law Project 41 HOUS. L. BULL. 37, 55 (Mar. 2011)).
63
The Rehabilitation Act of 1973, 29 U.S.C. 794. See also Joint Statement of HUD and DOJ, “Reasonable Modications under the
Fair Housing Act,” (March 5, 2008) (Question 31, pages 16-17) available at
https://www.hud.gov/sites/dles/FHEO/documents/reasonable_modications_mar08.pdf.
• Associations must respond timely: It may take a condominium
association longer to respond to requests for accommodations or
modication due to the need to consider the request at the next board
meeting. However, if the association takes too long to make its
decision, the delay could be considered a denial. An association should
consider expediting its meeting date or temporarily granting the
accommodation until the board considers the request.
Examples of Request to a Condominium Board
Chin is a person with a disability who has an emotional support animal. She rents
a condo in a building that has a “no pets” policy. When she moves in, she alerts
the association of her disability and need for the animal. She provides supporting
documentation. The association informs Chin that it will evaluate her request at
the next meeting, two months later. The association should either move up the
board meeting or allow Chin to have her emotional support animal until it can
evaluate her request.
Public Housing Authorities and Other Federally Funded Housing Providers
Since public housing authorities and other subsidized housing providers receive federal
nancial assistance, they are covered by the Fair Housing Act, the Illinois Human Rights Act,
and Section 504 of the Rehabilitation Act.
63
The application and waitlist process for a provider of subsidized housing must be accessible
to people with disabilities. Further, the housing provider must provide a reasonable
accommodation to an applicant on a waitlist when needed.
64
• Under Section 504, an applicant on the waitlist who needs an accessible
unit is entitled to the next available accessible unit, even if there are
people without disabilities on the waitlist ahead of the applicant.
• As with waitlists, a resident who needs to transfer to an accessible unit
is entitled to the next available accessible unit over new applicants
without disabilities.
65
• Similarly, a resident who needs a particular accessibility feature, such
as a rst-oor apartment, is entitled to the next available unit with that
feature.
Section 8-Issues Unique to Certain Housing Providers
34
66
Joint Statement of HUD and DOJ, “Reasonable Modications under the Fair Housing Act,” (March 5, 2008) (Question 31, pages
16-17) available at https://www.hud.gov/sites/dles/FHEO/documents/reasonable_modications_mar08.pdf.
A housing provider can attempt to accommodate a resident requesting a reasonable
modication by other means. A subsidized housing provider may offer to transfer a resident
to a fully accessible unit within the same building or a different building.
66
A transfer may not be appropriate if the resident has lived in the unit a long time, the
modication is minor, or the disability would make it difcult to adjust to a new unit.
A housing provider may move a resident without a disability who lives in
an accessible unit to an inaccessible unit if the lease provides for it.
67
67
24 CFR §9.154(b).
Example of a Transfer
Kanwar has a vision disability and lived in a subsidized unit for over 20
years. Recently, due to a back condition, Kanwar started to use a walker. He
requests that his housing provider install grab bars in the bathroom. Rather
than install grab bars, the housing provider offers to move Kanwar to a fully
accessible unit in a different building on the other side of town. The housing
provider’s offer to transfer Kanwar to a fully accessible unit may not be
appropriate given the time Kanwar has lived in the building and the ease of
the modication.
Section 8-Issues Unique to Certain Housing Providers
35
68
24 C.F.R. §982.402(b)(6).
A person may request a subsidized housing provider to add a family member with a disability
to the resident’s household as a reasonable accommodation.
69
24 C.F.R. §5.609(c)(5).
Example of Adding a Family Member
Suzie has had a housing choice voucher for many years. Her adult son, Greg,
was in a car accident and acquired a severe brain injury. Suzie requests that
the public housing authority add Greg to her voucher so she can provide
care for him. The public housing authority should treat this as a request for a
reasonable accommodation.
If a resident needs a live-in aide as a reasonable accommodation, the subsidized housing
provider must include a live-in aide in determining the family size and may require an
additional bedroom for the live-in aide.
68
The subsidized housing provider cannot count the
live-in aide’s income in determining the household income.
69
Example of Adding a Family Member
Regina has a Section 8 housing choice voucher for a onebedroom unit for
herself and her seven-year old son. Regina’s disability requires the care of
a live-in aide. Regina requests an accommodation to have her aide reside
with her. Since a live-in aide is counted in determining family size, and
federal regulations require one bedroom for every two people, Regina
would be entitled to a Section 8 housing choice voucher for a two-bedroom
unit. Further, the live-in aide’s income would not count towards Regina’s
household income.
36
70
Joint Statement of HUD and DOJ, “Reasonable Accommodations under the Fair Housing Act,” (May 17, 2004) (Question 19,
pages 14-15) available at https://www.hud.gov/sites/dles/FHEO/documents/huddojstatement.pdf.
(citing Cleveland v. Policy Management Systems Corp., 526 U.S. 795, 797 (1999)).
71
The Fair Housing Act, 42 U.S.C. §3613(c); the Illinois Human Rights Act, 775 ILCS 5/8B-104.
Section 9
Legal Remedies
A person wishing to le a discrimination complaint with the U.S Department of Housing
and Urban Development (HUD) or with the Illinois Department of Human Rights (IDHR) can
do so within one year of the violation. A person wishing to le a discrimination complaint
in federal or state court can do so within two years of the violation.
70
72
24 CFR §180.705(b); the Illinois Human Rights Act, 775 ILCS 5/8B-104(D).
In a fair housing complaint, there are several types of relief available to a resident.
71
• Actual damages are money awarded to the resident to compensate the resident for
actual loss suffered because of the housing provider’s discrimination, such as
compensation for lost housing opportunities, rent differentials, out of pocket expenses,
emotional suffering, moving expenses, and other costs.
• Injunctive and equitable relief requires a housing provider to do or not do a specied
act. Its purpose is to correct the effects of the fair housing violation and prevent future
violations. It may require a housing provider to: attend a fair housing training, grant the
accommodation or modication, and/or create a reasonable accommodation or
modication policy.
• Under the fair housing laws, a resident who successfully brings an action against the
housing provider can recover the costs of an attorney to handle the case.
72
• For actions brought by HUD, the U.S. Department of Justice, or IDHR, housing providers
can be required to pay civil penalties or nes for violating the fair housing laws, to
vindicate the public interest. In assessing what that ne should be, courts will consider
the following factors: (1) the egregious nature of the violation; (2) the culpability of the
housing provider; (3) the nancial circumstances of the housing provider; and (4) the
need to deter the housing provider from committing future violations.
73
• Punitive damages are money damages awarded to the resident to punish the housing
provider for particularly bad acts and to deter others from similar misconduct.
• HUD can require housing providers that receive federal funds to return those funds for
violating federal fair housing laws. Projects receiving Low Income Housing Tax Credits
can also have their credits recaptured by the Internal Revenue Service.
73
Krueger v. Cuomo, 115 F.3d 487, 493 (7th Cir. 1997).
Section 10
Legal Remedies
37
74
If you have trouble accessing this document from this link, all of HUD’s policy and guidance can be found at HUD’s FHEO
Library on their website at https://portal.hud.gov/hudportal/HUD?src=/program_ofces/fair_housing_equal_opp/library. You
may also contact HUD at:
https://www.hud.gov
451 7th Street S.W., Washington, DC 20410
Telephone: (202) 708-1112
TTY: (202) 708-1455
Legal Guidance
74
1. Joint Statement of the Department of Housing and Urban Development and the
Department of Justice – Reasonable Accommodation under the Fair Housing Act
https://portal.hud.gov/hudportal/HUD?src=/program_ofces/fair_housing_equal_opp/library#Guidance
2. Joint Statement of the Department of Housing and Urban Development and the
Department of Justice – Reasonable Modications under the Fair Housing Act
https://portal.hud.gov/hudportal/HUD? src=/program_ofces/fair_housing_equal_opp/library#Guidance
3. Department of Housing and Urban Development Guidance on Service Animals and
Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs
https://portal.hud.gov/hudportal/HUD? src=/program_ofces/fair_housing_equal_opp/library#Guidance
4. U.S. Department of Housing and Urban Development, Ofce of General Counsel
Guidance on Application of the Fair Housing Act Standards to the Use of Criminal
Records by Providers of Housing and Real-Estate Transactions
https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF
5. U.S. Department of Housing and Urban Development Accessibility Notice: Section 504
of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the
Architectural Barriers Act of 1968; and the Fair Housing Act of 1988
https://www.hud.gov/sites/documents/PIH2003-31.PDF
6. Joint Statement of the Department of Justice and the Department of Housing and
Urban Development on Group Homes, Local Land Use, and the Fair Housing Act
https://www.hud.gov/program_ofces/fair_housing_equal_opp/library
Statutes
a) The Fair Housing Act (42 U.S.C. 3601)
https://www.justice.gov/crt/fair-housing-act-2
b) Americans With Disabilities Act of 1990 (42 U.S.C § 12102)
https://www.ada.gov/pubs/adastatute08.htm
c) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)
https://www.hud.gov/program_ofces/fair_housing_equal_opp/disabilities/sect504
d) The Illinois Human Rights Act (775 ILCS 5)
http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=64
Municipal Ordinances
Units of local governments, such as municipalities and counties, may also have their own
civil rights ordinances. Housing providers should check with their units of local governments
to learn whether they have an ordinance that may apply.
Regulations
HUD’s Regulations on discrimination related to disability under the Fair Housing Act
https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=24:1.2.1.1.1.
38
Section 10-Appendices
Housing Provider Referral Information
U. S. Department of Housing and
Urban Development (HUD)
Chicago FHEO Center
77 W. Jackson Blvd., Suite 2101
Chicago, Illinois 60604
(Tel) (800) 765-9372
(Fax) (312) 886-2837
Government resources
Access Living (For Housing Provider
Training)
115 West Chicago Ave.
Chicago, Illinois 60654
(Tel) (312) 640-2100
(Tel) (800) 613-8549 (toll free)
(TTY) (312) 640-2102
(TTY) (888) 253-7003 (toll free)
(Fax) (312) 640-2101
Nonprot resources
U. S. Department of Justice (DOJ)
Civil Rights Division
950 Pennsylvania Ave., NW
Washington, DC 20530-0001
(Tel) (202) 514-4609
(TTY) (202) 514-0716
Great Lakes ADA Center
1640 West Roosevelt Road Room 405
Chicago, Illinois 60608
(V/TTY) (312) 413-1407
(V/TTY) (800) 949-4232
(Video Phone) (312) 767-0377
(Fax) (312) 413-1856
Illinois Department of Human Rights (IDHR)
Fair Housing Division
555 West Monroe Street, 7th Floor
Chicago, Illinois 60661
(Tel) (312) 814-6229
(TTY) (866) 740-3953
(Fax) (312) 814-6251
Ofce of the Illinois Attorney General
Disability Rights Bureau
James R. Thompson Center
100 West Randolph St., 11th Floor
Chicago, Illinois 60601
(Tel) (312) 814-5684
(TTY) (800) 864-3013
(Fax) (312) 814-3212
Fair Housing for Tenants with Disabilities:
Understanding Reasonable Accommodations
and Modications published by the North
Carolina Department of Health and Human
Services, North Carolina Housing Finance
Agency, and the School of Government at the
University of North Carolina at Chapel Hill
(2008).
Fair Housing Handbook:
Reasonable Accommodations and
Modications, published by Disability Rights
Oregon (2008).
Guide for Reasonable Accommodations
and Modications, Housing Opportunities
Made Equal of Virginia, Inc.
A Consumer’s Guide to Fair Housing,
published by: Iowa’s Governor’s Developmental
Disability Council, Iowa Civil Rights
Commission, Iowa Division of Person with
Disabilities, Iowa Legal Aid, Iowa Program for
Assistive Technology, and the University of Iowa
School of Law.
Other sources
NOTES
Chicago:
555 West Monroe Street, 7th Floor
Chicago, Illinois 60661
(312) 814-6200 or (800) 662-3942 (Voice)
(866) 740-3953 (TTY)
Springeld:
535 West Jefferson Street, 1st Floor
Springeld, Illinois 62702
(217) 785-5100 (Voice)
(866) 740-3953 (TTY)
Marion:
2309 West Main Street
Marion, Illinois 62959
(618) 993-7463 (Voice)
(866) 740-3953 (TTY)
Website: www.illinois.gov/dhr
Version 2
Printed by the Authority of the State of Illinois
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