Completed Reasonable Accommodation Form

$109

By purchasing this service, a licensed mental health care provider assigned to your file, along with our fair housing expert, will complete your landlord-provided reasonable accommodation form.  Once done, the therapist will provide you with electronic and hard copy versions of the signed form.

The Fair Housing Act requires landlords and public housing authorities to make reasonable changes or adjustments in their rules, services, or buildings if the changes help a disabled person live there. Changes to the landlord’s rules or services are called accommodations.

Examples of accommodations are:

  • A reserved parking space closer to the building entrance.
  • Permission to have an assistance animal.

Proof of Need Form

When requesting a change the tenant does not tell the landlord the nature or severity of the disability. The landlord does not see the tenant’s medical records.

Where do I get the form?

Although not required by law, many landlords have adopted a procedure or created a form for tenants and prospective tenants to use to request reasonable accommodations. Once you have the form in hand, you’ll upload that into our secured messaging area. At that point, our fair housing expert and your clinician will complete the form.  A signed copy will be delivered electronically and via postal mail.

Notes

  • This form require the purchase of an emotional support animal housing assessment. This service cannot be purchased separately, nor combined with another health care provider’s ESA letter.
  • This form should be used only by those with a physical or mental disability.
  • This information is not intended as legal advice.
  • ESADoggy is not an attorney nor law firm

FAQs

What is a Reasonable Accommodation Form?

Housing Providers are required to provide a reasonable accommodation in their rules, policies practices and procedures and allow reasonable modifications (changes to the physical structure) for qualified individuals (persons with disabilities) as defined by law.

When considering a reasonable accommodation/modification request a Housing Provider can only take the following into consideration: ™

Is the individual (or the intended tenants of the housing) which is the subject of the request, qualified? (Is the individual a person with a disability as defined by law or is the housing designed to serve persons who are disabled as defined by law?) ™

Is the request for a accommodation or modification necessary? (This is not determined by the Housing Provider but by the individual pr developer of the housing and confirmation can be requested to be provided by a medical health professional.) ™

Would the requested accommodation impose an undue financial or administrative burden? (For a modification this in only considered if the modification is to be paid for by the housing provider. Please consult HUD or DFEH to determine if the Housing Provider is required to pay for the modification.) ™

Would the requested accommodation or modification require a fundamental alteration in the nature of the program?

The Housing Provider should not ask about the nature or severity of the disability in question. The Housing Provider need only consider whether or not the request is ‘reasonable’ in terms of cost and alteration of their housing program. They may ask questions which will clarify what it is about the policy, practice or procedure that serves as a barrier (so that the housing provider may offer an alternative ‘solution’ if the requested accommodation is not ‘reasonable’.) They should not attempt to determine whether or not the request is necessary for the individual(s) in question. That is up to the individual and their advisors.

Who must comply with this requirement?

The requirement to provide reasonable accommodations applies to, but is not limited to individuals, corporations, associations and others involved in the provision of housing or residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. This also applies to state and local governments, most often in the context of exclusionary zoning or other land-use decisions

Who is a person with a disability?

The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.

This may include, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

The term “major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking.8 This list of major life activities is not exhaustive

When is a reasonable accommodation necessary?

A requested accommodation is necessary when there is an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability. Some examples of Reasonable Accommodations are:

  • Assigned parking space for a person with a mobility impairment
  • Assigned lower mailbox for a person who uses a wheelchair
  • Permitting an assistance animal in a “no pets building for a person who is deaf, blind, has seizures, or has a mental disability

What is an assistance animal?

An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support.

For purposes of reasonable accommodation requests, neither the Fair Housing Act nor Section 504 requires an assistance animal to be individually trained or certified.5 While dogs are the most common type of assistance animal, other animals can also be assistance animals.

What information may a provider seek when a reasonable accommodation is requested?

A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If a person’s disability is obvious, or otherwise known to the provider, and if the need for the requested accommodation is also readily apparent or known, then the provider may not request any additional information. 

If the disability and/or the disability-related reason for the requested accommodation is not known or obvious, the requesting individual, 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 may also provide verification of a disability. In most cases, an individual’s medical records or detailed information about the nature of a person’s disability is not necessary for this inquiry. 

When may a housing provider refuse to provide a requested accommodation?

A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable – i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider’s operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.

When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester’s disability-related needs without a fundamental alteration to the provider’s operations and without imposing an undue financial and administrative burden.  These discussions often results in an effective accommodation for the requester that does not pose an undue financial and administrative burden for the provider.

What about charging fees to cover the cost of providing an accommodation?

Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation.

Can you notarize my letters and forms?

We are not lawyers, and the following should have not considered the legal advice.

As Federal Law does not require the signature on a reasonable accommodation form to be notarized, our therapists do not have the ability to notarize that document. Based on our understanding of Fair Housing Act requirements, the notarization is an “extra” hurdle that’s placed in front of an individual with a disability, and therefore not allowed.

My landlord wants my letter notarized.

According to Federal Law, there is no requirement for an emotional support animal letter of recommendation to be notarized.  In fact, this may be discriminatory, as it’s an impediment for a reasonable accommodation (aka a speed bump).

However, as we understand a client/tenant may be under duress to find housing, and not wanting to be an impediment, we offer letter notarization.

Please note this service is not available at all locations and may be subject to additional guidelines.

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