Reasonable Accommodation
Through HUD Section 504, HATC ensures that a "qualified" person with a disability:
- Is afforded an opportunity equal to that afforded to others
- Is provided housing and benefits as effective as those afforded to others
- Is not provided different or separate housing or benefits unless necessary to provide the person with a disability with housing and benefits that are as effective as those provided to others
What is the definition of a Person with a Disability?
A person with a disability is any person who:
- Has a physical or mental impairment that substantially limits one or more or the major life activities of an individual: or
- Has a record of having such impairment; or
- Is regarded as having such impairment
If they do not meet this definition, HATC shall apply the definition of "Disability" under California's Fair Employment and Housing Act.
What is a Reasonable Accommodation?
A reasonable accommodation is a change, exception or adjustment to a rule, policy practice or service that may be necessary for the person with a disability to have an equal opportunity to participate in the Housing Authority's programs and services.
What is a Reasonable Modification?
A reasonable modification is a physical change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include physical changes to interiors and exteriors of dwellings and to common and public use areas. A request for a reasonable modification may be made at any time during the tenancy. The Fair Housing Act makes it unlawful for a housing provider or homeowner's association to refuse to allow a reasonable modification to the premises when such a modification may be necessary to afford persons with disabilities full enjoyment of the premises.
To show that a requested modification may be necessary, there must be an identifiable relationship, or nexus, between the requested modification and the individual’s disability. Further, the modification must be “reasonable.” Examples of modifications that typically are reasonable include widening doorways to make rooms more accessible for persons in wheelchairs; installing grab bars in bathrooms; lowering kitchen cabinets to a height suitable for persons in wheelchairs; adding a ramp to make a primary entrance accessible for persons in wheelchairs; or altering a walkway to provide access to a public or common use area. These examples of reasonable modifications are not exhaustive.
What is the Role and Responsibility of HATC Staff?
HATC employees are responsible for insuring that the agency does not discriminate against a person with a disability by refusing to make a reasonable accommodation that may be necessary to allow that person equal access under any of the programs administered by HATC.
Under the Fair Housing Act, HATC is responsible for making reasonable accommodations and structural modifications to property it owns, and/or manages, to allow a person with disabilities equal access and equal opportunity to use and enjoy the dwelling and common areas, unless doing so would result in a fundamental alteration of the program or is an undue financial and administrative burden.
Requesting Reasonable Accommodation
Reasonable accommodation requests may be made by or on behalf of a person with a disability to any HATC staff. If a participant or applicant indicates that an exception, change, or adjustment to a rule, policy, practice or service is needed because of a disability, HATC must treat that information as a request for a reasonable accommodation even if no formal written request is made.
Verbal requests are the most common types of requests. In cases such as these, the participant is provided a “Reasonable Accommodation Request” form. Be advised that if the participant or applicant does not complete the “Official RA form,” it does not negate or cancel out the fact that a reasonable accommodation request was made.
If you wish to submit a request for a reasonable accommodation or reasonable modification, for the most efficient handling please download and complete the Reasonable Accommodation Form, and return it to your Area Office and submitted to the attention of your assigned Eligibility Worker. If you need assistance with completing the form, please feel free to contact your Area Office for support.
If you need assistance, and are using a TDD device, please dial 711.
For more information on Reasonable Accommodations, please contact the Section 504 Coordinator:
Cindy Lopez
(559) 627-3700 Ext:116
info@hatc.net
5140 W Cypress Ave, Visalia, CA 93292
