What to Do When Requesting Accommodations Is Denied in Housing?

Question from Jane Doe, What to Do When Requesting Accommodations Is Denied in Housing?

Answer from AI:

Understanding the Situation

You have been requesting, verbally, reasonable accommodations from the manager of a HUD‑funded high‑rise apartment. The accommodations you need are shower handrails, a shower seat, and an attached intercom. Your requests have been denied for more than a year.

Legal Framework

The Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act of 1973 require housing providers that receive federal funding—such as HUD‑subsidized units—to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change to a policy, practice, or physical feature that enables a person with a disability to enjoy the same housing opportunities as others.

Key points from HUD guidance:

• Accommodations can include physical modifications to the unit (e.g., grab bars, shower seats).
• They can also involve changes to rules or services (e.g., installing an intercom, allowing a service animal).
• The provider must consider the request in good faith and may request documentation of the disability and the need for the accommodation.

Why a Denial May Violate the Law

If a housing provider unreasonably refuses a request that is necessary for you to use and enjoy your dwelling, that refusal can constitute a violation of the FHA and Section 504. The fact that the denial has persisted for over a year strengthens the argument that the provider has not acted in good faith.

Steps You Can Take

1. Document Everything

   • Keep copies of all written requests (email, letters).
   • Note dates, times, and details of any verbal conversations, including the name of the person you spoke with.

2. Provide Required Documentation

   • HUD may ask for a medical statement or other proof that the requested modifications are needed because of a disability. Supplying this promptly can move the process forward.

3. Contact HUD or a Local Fair‑Housing Agency

   • File a complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO) online or by phone.
   • Many states and cities have fair‑housing agencies that can assist with mediation.

4. Request Mediation

   • HUD offers a free mediation service that can help you and the building manager reach a mutually acceptable solution without going to court.

5. Consider Legal Action

   • If the provider continues to refuse, you may file a private lawsuit in federal or state court. Successful cases often result in the required modifications and, sometimes, damages for emotional distress.

6. Consult an Attorney

   • An attorney who specializes in fair‑housing law can evaluate the specifics of your case, help you draft a formal accommodation request, and represent you if litigation becomes necessary.

Helpful Resources

• HUD’s Fair Housing and Equal Opportunity page – provides detailed guidance on reasonable accommodations and how to file a complaint.
• Section 504 information – explains the rights of individuals in federally funded housing programs.

These links lead to the official HUD sites where you can find forms, FAQs, and contact information.

Remember, while this overview explains the general legal landscape, only a licensed attorney who knows the particulars of your situation can give personalized legal advice. If you feel your rights are being violated, seeking professional counsel promptly is advisable.