Do Housing Providers Need to Have Formal Procedures in Place for Processing Fair Housing Requests?

QUESTION:  Must a housing provider adopt formal procedures for processing requests for a reasonable accommodation?

No.  The Fair Housing Act does not require that a housing provider adopt any formal procedures for reasonable accommodation requests.  However, having formal procedures may aid individuals with disabilities in making requests for reasonable accommodations and may aid housing providers in assessing those requests so that there are no misunderstandings as to the nature of the request, and, in the event of later disputes, provide records to show that the requests received proper consideration.

A housing provider may not refuse a request, however, because the individual making the request did not follow any formal procedures that the provider has adopted. If a provider adopts formal procedures for processing reasonable accommodation requests, the provider should ensure that the procedures, including any forms used, do not seek information that is not necessary to evaluate if a reasonable accommodation may be needed to afford a person with a disability equal opportunity to use and enjoy a dwelling. See Questions Nos. 16, 17 and 18, which discuss the disability-related information that a provider may and may not request for the purposes of evaluating a reasonable accommodation request.

For more information about reasonable accommodations, please see these other postings:

What is a “Reasonable Accommodation” for Purposes of the Fair Housing Act?;

Instances When a Housing Provider Can Deny a Request for a Reasonable Accommodation Without Violating the Fair Housing Act; and

The Difference Between a "Reasonable Accommodation" and a "Reasonable Modification" Under the Fair Housing Act.

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