HUD HCV Guidebook § 3.2.4

Once the PHA is aware or has reason to believe an individual is a person with disabilities, the PHA has an
obligation to provide reasonable accommodations that may be necessary. After an individual makes a request
for a reasonable accommodation, the next step is to determine if the requester is an individual with
disabilities. If the disability and the disability-related need for an accommodation are obvious, readily apparent
or already known, the PHA cannot request additional information about the individual’s disability or disability-
related need. If the disability and disability-related need for an accommodation are not known, obvious, or
readily apparent, the PHA may seek limited information to determine that the person is an individual with a
disability and the requested accommodation is necessary because of that disability. The PHA must seek the
least amount of information needed to determine whether an accommodation may be needed (see next
section) – to preserve the requestor’s privacy and observe the confidentiality of the information to the greatest
extent possible.89

On occasion, some housing providers, when faced with considering whether to provide an accommodation,
have focused extensively on whether an individual meets the definition of disability under the Fair Housing

88 24 CFR part 100, 24 CFR part 8, 28 CFR part 35; HUD/DOJ Joint Statement on Reasonable Accommodations 5/17/04.
89 See HUD/DOJ Joint Statement on Reasonable Accommodations 5/17/04.

Fair Housing and Nondiscrimination Requirements                                                                 23
US Department of Housing and Urban Development                                                          April 2025

Act, Section 504, and the ADA. Based on changes made by Congress in the Americans with Disabilities Act
Amendments Act of 2008 (ADAAA), which included conforming amendments to Section 504, the focus should
be on meeting one’s obligations under Section 504 and providing an accommodation. Therefore, under this
approach, the definition of “disability” shall be construed broadly in favor of expansive coverage to the
maximum extent permitted. The primary object of attention in cases should be whether entities have complied
with their obligations and whether discrimination has occurred, not whether the individual meets the definition
of “disability.” The question of whether an individual meets the definition of “disability” should not demand
extensive analysis.90 Once the entity is aware an individual is a person with disabilities, the entity has an
obligation to provide reasonable accommodations that may be necessary.

If the applicant or family member is an individual with a disability, it may be unnecessary to seek additional
information. In this circumstance, it may be a violation of Section 504 and the Fair Housing Act to require the
household to provide additional disability related information. For example, in some instances the PHA may
want to consult with HUD or its own counsel before seeking additional information to verify an applicant’s or
resident’s disability – especially if the PHA will already have recorded disability related information about the
individual. For example, PHAs must indicate disability status, sources of disability related income, and
accessibility requests on an applicant’s or participant’s Form HUD-50058, Family Report. In many
circumstances, an individual with a disability will have in their possession or already provided information to
the PHA other information about their disability in tenant-provided documents (e.g., Social Security Disability
Insurance award letter or SSDI monthly statements).

If necessary, documentation may be provided, with the applicant’s or participant’s consent by, for example, a
doctor or other 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 and the need for the accommodation. In
most cases, an individual’s medical records and other detailed information about the nature of a person’s
disability are not necessary for this inquiry.

The PHA must request only information that is necessary to make the determination that the requested
accommodation is for a disability-related need. The PHA must not inquire about the nature or severity of any
disability.

In addition to seeking limited information when it is necessary to evaluate a reasonable accommodation
request, verifying disability may be needed in the administration of the PHA’s programs and activities, such as
to determine if an applicant qualifies for a disability allowance, or for a medical expense deduction in
calculating adjusted income. In this case, the PHA will use the HUD program definition of disability found at
24 CFR 5.403. The PHA must not request any information regarding the nature or severity of the disability.91