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ARTICLE · 06 FEBRUARY 2015

Some Comments On What Is Or Is Not A Reasonable Accommodation?

Fox Rothschild LLP
Fox Rothschild LLP
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I have written in this space before that there is no complete list of just what can be included as a reasonable accommodation under the Fair Housing Act.

United StatesReal Estate and Construction

I have written in this space before that there is no complete list of just what can be included as a reasonable accommodation under the Fair Housing Act (FHA).  The reason is that every disabled individual can have different needs related to his or her specific disability.  Management's responsibility, of course, is to review and evaluate each request.  That being said, there is some guidance I can provide about what makes up a valid reasonable accommodation claim and what is objectively not reasonable.

To establish a failure to accommodate claim, a plaintiff must prove that:  (a) he (or she) is disabled within the meaning of the FHA; (b) he (or she) requested a reasonable accommodation; (c) the requested accommodation was necessary to afford him (or her) an equal opportunity to use and enjoy the dwelling; and (d) the defendant refused to make the accommodation.

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