July 2008 Coach's Quiz

We have given you six rules on how to prevent disability discrimination claims under fair housing law. Now let's look at how the rules might apply in the real world. Take the COACH'S QUIZ to see what you have learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1)b, 2)a and so on.

COACH'S TIP: The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

An applicant for a unit in your community lists his current address as a drug treatment facility. Because of past problems with residents with drug problems, your community is justified in rejecting his application. True or false?

1. True.

2. False.

QUESTION #2

Your community has a policy of providing unassigned parking to residents. A resident notifies you that she broke her leg and must use crutches for at least three months. Because she says she is disabled, she wants you to assign her a parking space near the entrance of the building. You should:

1. Grant her request because she has an obvious disability and a disability-related need for the parking space.

2. Deny the request because she is not disabled.

3. Consider the request under your community's policies on reasonable accommodations.

QUESTION #3

Your office receives a complaint from a resident about a dog barking in a neighboring unit. You find out that a resident has a dog in violation of the community's policies against pets. The dog's owner says she needs the dog because she is disabled, but she doesn't appear to have any visual or other impairment. You may insist that she remove the animal immediately or face eviction. True or false?

1. True.

2. False.

QUESTION #4

An applicant who uses a motorized scooter because of a mobility impairment wants to rent a ground-floor unit, but he says he needs a ramp to the building entrance. You should:

1. Grant his request and pay to have the ramp installed.

2. Refuse the request unless he agrees to use a contractor who has done work at your community in the past.

3. Refuse the request unless he deposits money into an account to ensure sufficient funds to pay for removal of the ramp at the end of his tenancy.

4. Grant the request to build the ramp, at his expense.

Coach's Answers & Explanations

QUESTION #1

Correct answer: b

Reason: Rule #1 applies here:

Rule #1: Do Not Exclude Individuals with Disabilities from Your Community

Fair housing law protects individuals who are recovering from substance abuse, so you may not reject the application based solely on information that his current address is a drug treatment facility.

Wrong answers explained:

1. You may not reject the application or treat the applicant any differently than you treat others, based on your subjective perception of potential problems posed by his prior substance abuse. To the extent that you check references for all applicants, however, you may check his references. If they reveal objective evidence that he poses a direct threat to people or property in the recent past, and the direct threat has not been eliminated, you may reject his application based on direct threat.

QUESTION #2

Correct answer: c

Reason: Rules #3 and #4 apply here:

Rule #3: Adopt Policies and Procedures to Address Requests for Reasonable Accommodations

Rule #4: Promptly Process Requests for Reasonable Accommodations

Fair housing law, which defines disability as a physical or mental impairment that substantially limits one or more major life activities, generally does not apply to temporary conditions such as a broken leg. Although the resident may not qualify as an individual with a disability, however, consult your attorney, who may advise you to formally address her request by seeking additional information about her alleged disability, rather than denying her request outright.

Wrong answers explained:

1. Your community is not required to make reasonable accommodations to individuals who do not qualify as disabled under fair housing law. Though the resident has a mobility problem, she may not qualify as an individual with a disability under fair housing law.

2. Even though she may not qualify as an individual with a disability, you may not want to provoke a fair housing complaint by denying the request without further inquiry.

QUESTION #3

Correct answer: b

Reason: Rules #3 and #4 apply here:

Rule #3: Adopt Policies and Procedures to Address Requests for Reasonable Accommodations

Rule #4: Promptly Process Requests for Reasonable Accommodations

Even though she violated your community's rules by having the dog, the resident may be entitled to keep it as a reasonable accommodation to your no-pets policy. Because her disability is not obvious, you may require her to provide reliable information to verify that she is disabled and that there is a disability-related need for her to have the dog.

Wrong answers explained:

1. You risk a fair housing complaint if you refuse to consider the resident's request to keep the dog as a reasonable accommodation. Even though she did not formally request permission to keep a service animal, a community must give appropriate consideration to a reasonable accommodation request, even if the resident did not use your preferred forms or procedures.

QUESTION #4

Correct answer: d

Reason: Rules #5 and #6 apply here:

Rule #5: Allow Reasonable Modifications to Premises by Residents with Disabilities

Rule #6: Promptly Process Requests for Reasonable Modifications

The applicant has an obvious mobility impairment and his request to build the ramp is a reasonable modification, so your community must grant the applicant's request to build the ramp, at his expense. Reasonable modifications include structural changes to the interior and exteriors of units, such as installing a ramp at the entrance of a building.

Wrong answers explained:

1. Although you must grant the applicant's request for the ramp as a reasonable modification, the law does not require your community to pay for installation of the ramp.

2. You may not condition approval of the applicant's request to build the ramp on using the contractor who has done work at your community in the past. You may require only that whoever does the work is reasonably able to build the ramp in a workmanlike manner and obtain all necessary building permits.

3. You may not demand that the applicant demonstrate the ability to pay for removal of the ramp at the end of his tenancy. Communities may require residents to restore modifications to the interior of their units, but not to the exterior of the premises.