HUD HCV Guidebook § 3.2.2

A PHA or owner must provide reasonable accommodations when there is a disability-related need for an
accommodation, unless the request amounts to an undue financial and administrative burden or a
fundamental alteration in the essential nature of the program. Providers must also provide an
accommodation when the provider has knowledge of the individual’s disability and the need for an
accommodation. For the PHA to provide a reasonable accommodation, the individual with disabilities may
request a reasonable accommodation. This begins the process. The process for providing a reasonable
accommodation is:
         •   Determine if an accommodation is being requested;
         •   Determine if the requestor is a person with disabilities;
         •   Determine if there is a nexus between the disability and the request;
         •   Grant the request unless and provide the accommodation it is unreasonable,82 i.e., would result in
             an undue financial and administrative burden or a fundamental alteration in the essential nature
             of the program or activity.

Each PHA must have and implement a reasonable accommodation policy.83 A best practice for PHAs is to
include policies and procedures related to reasonable accommodations in the Administrative Plan. In their
written policies and procedures, PHAs may want to describe the protocol and steps, beginning with the original
request for an accommodation and concluding with the resolution of the request. Standardized procedures
help ensure that all employees follow the same process. The PHA’s written procedures could include
information on the following:
    •    The PHA employee or department responsible for overseeing reasonable accommodation
         compliance;84
    •    The way requests can be made, including specifying that requests must be allowed to be received
         orally. If the request is received orally, the PHA will document the request in writing. The PHA will
         maintain records of all reasonable accommodation requests. It is recommended that the PHA provide
         the requestor with a copy of the final request as received as well as documentation related to approval
         or denial of the request;
    •    The manner in which the PHA responds to requests:
             o The decision-making process (including determination of undue financial and administrative
                   burden or fundamental alteration in the essential nature of the program or activity);
             o The information that may be needed to confirm a disability-related need for the request;
             o The time limitations for decision-making and implementation of an accommodation, and
                   noting that most accommodations should be granted as soon as possible and that the PHA will
                   not delay implementation of any granted accommodation 85; and
             o How the PHA will document the request status and disposition of the request in the tenant file
                   or separate tracking log.

81 See 28 CFR 35.136(f), 36.302(c)(6).
82HUD/DOJ Joint Statement 5/17/04, Q&A 7, available at

https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf
83 Notice PIH 2011-31, Guidance on non-discrimination and equal opportunity requirements for PHAs.
84 24 CFR 8.53
85 24 CFR 8.1, 8.2, 8.3, 8.4, 8.20, 8.33 and 28 CFR 35.130(b)(7).

Fair Housing and Nondiscrimination Requirements                                                              21
US Department of Housing and Urban Development                                                       April 2025

    •   The appeal procedure, which includes the right of appeal for unfavorable decisions regarding an
        accommodation or a particular choice of accommodation; and
    •   The procedure for an interactive process when (1) a housing provider denies a reasonable
        accommodation request because it is unreasonable (i.e., because it would result in an undue
        administrative and financial burden or a fundamental alteration in the essential nature of the program
        or activity) or (2) because the provider lacks the minimum information necessary to make a decision,
        sometimes called “verification,” described below. Notice that the requester is not obligated to accept
        any alternative accommodation that would not be effective in meeting their disability-related needs
        and that the PHA may not refuse to grant the requested accommodation unless the request would
        result in an undue administrative and financial burden or a fundamental alteration to the essential
        nature of the program or activity.
    •   A description of under what circumstances the PHA may request additional information for purposes of
        confirming the disability-related need for the requested accommodation, including specifying that if a
        person’s disability is obvious, readily apparent, or otherwise known to the PHA, and if the need for the
        requested accommodation is also readily apparent or known, then the PHA may not request any
        additional information.
    •   Notice that if the disability and/or the disability-related need for the requested accommodation is not
        known or obvious, the PHA may request only information that is necessary to evaluate the disability
        and/or disability-related need for the accommodation.
    •   Notice that such verification information may be provided by the requesting individual, a medical
        professional, a peer support group, a non-medical service agency, or a reliable third party who is in a
        position to know about the individual's disability.
    •   The procedure for handling confidential information and verification forms that may disclose private
        medical facts.86