Reasonable Accommodations in Housing: Attorney Kate Schilling Insights
The essential discussion points on requesting reasonable accommodations in housing, including service animals, changes to units, in-home caregivers, and common myths. Understand the concept of reasonable accommodations and examples in housing scenarios. Learn about companion and service animals, their roles, and rights within housing settings. Gain insights into how service animals must be accommodated in all areas of the building, and the specific types allowed. Discover how landlords can request documentation for service animals.
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Presentation Transcript
Reasonable Accommodations in Housing Attorney Kate Schilling December 2018
Discussion points Requesting reasonable accommodations Service or companion animals Changes to the unit In-home caregivers or staff Lease provisions Common myths
Reasonable accommodation A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling.
Examples of reasonable accommodations in housing Request for an apartment on the first floor Request for hardwood floors instead of carpet Request for a parking spot closer to the building Requesting assistance taking the trash to dumpster Request to mail in rent instead of hand deliver payment
Service animals Specifically trained to do work or perform tasks Guide dog for a person with visual impairment Dog that alerts prior to a seizure Animal s work or task must be directly related to the disability
Service animals pets Service animals are working animals, not pets Cannot be excluded under an apartment no pets policy Cannot be required to take an apt in dog building Service animal = medical equipment (wheelchair, walker, crutches, etc.)
Service animals A service animal must be permitted to accompany the person with a disability to all areas of the building Common areas Hallways Recreational spaces Clubhouse
Service animals Only 2 types of service animals: 1. Dogs 2. Miniature horses
Service animals Landlord can require a letter from a dr that says animal is necessary for the disability 1. Person has a disability, and 2. the animal is necessary to treat the disability or medical condition
Service animal Landlord cannot: ask for additional medical records or documentation ask for animal s credentials ask what person s disability is
Service animals Can be excluded from premises only if: the property is owner-occupied and the owner or immediate family member has a documented allergy, OR the specific animal poses a direct threat to health & safety of others this dog bit another tenant cannot ban all pitbulls in general as a breed
Service animal Cannot require an additional pet deposit Landlord may charge the tenant for actual damages caused by the animal (at end of tenancy)
Companion animals Animals whose sole function is to provide comfort or emotional support Not specifically trained to assist a person with a disability Do not qualify as service animals under the ADA
Companion animals Difference in treatment: Not allowed in common areas of building
Reasonable accommodations to unit Renters with disabilities can make reasonable alterations to a unit to make it more accessible Grab bars Hardwood floors Ramps Roll-in shower
Reasonable accommodations to unit Universal design elements to make a home more accessible wide hallways and doors, sufficient clear floor space for wheelchairs, lever and loop type handles on hardware, seats at bathing fixtures, grab bars in bathrooms, knee spaces under sinks and counters, switches and controls in easily reached locations, entrances free of steps and stairs,
Reasonable accommodations to unit Landlord may require the tenant to: Pay for the modifications Use a licensed contractor to do the work Restore the premises back to its original condition at the end of lease Pay money into an escrow account to cover restoration costs
Tips Put the request in writing Give the landlord a reasonable amount of time to respond Provide authority for your request If denied, ask for a written explanation
In-home caregivers or staff Landlord cannot deny a person the right to have in-home caregivers or staff (family members, FamilyCare, CIP, COP, IRIS, etc.) Recommendation: write the landlord a letter to notify him that staff will be present to assist with daily living needs
Common mythmedical change I can get out of my lease if my health changes. A lease is a binding contract. Typically residential leases do NOT have a medical/health provision. Could be negotiated in to lease potentially prior to signing
Common mythmedical change Landlord does not have the right to terminate lease due to perception that person should no longer live alone. A person can only be evicted for Non-payment of rent A violation of the lease
Common mythlease rescission I can get out of the lease contract within 3 days if I change my mind. 3 day right of rescission only applies to door-to-door sales, face to face solicitation Presumption of influence
Common myth-entering the unit Landlord has a right to enter at a reasonable time for specific reasons: 1. To show the apartment 2. To perform repairs/maintenance 3. To inspect the apartment 12 hours advance notice required for entry (unless emergency)
Common mythentering the unit I can tell the landlord when I will allow him to show the apartment. Tenant does not have a right to dictate his/her time preference or schedule regarding showings of the apartment You can only show the unit when I am home. Exception: reasonable accommodation due to disability
Common myth5 day grace period for rent I have a 5 day grace period after the 1stof the month to pay rent. Not state law. Not a default policy. Optional provision that some landlords include in their leases.
Common myth5 day grace period for rent Many people with SSDI receive their benefit checks on the 3rdof the month. Recommendation: Request that the lease state the rent is due on the 5thnot the 1st.
Discrimination due to disability 1. Member of protected class (disability) 2. Treated differently Policy Procedure Practice Pattern 3. Differential treatment is due to status in protected class
Discrimination due to disability Examples: Refusal to rent Charging higher rent Different terms or conditions Refusal to renew a lease, or evicting a tenant Harassment Denial that a housing vacancy exists Retaliation for enforcing rights against a landlord
Protected class In the state of WI, a landlord cannot discriminate against a lawful source of income. SSI, SSDI, SS retirement Spousal support, child support
Exceptionsnot discrimination Renters may be denied a lease based on family size if local building codes limit the number of occupants for a dwelling. Housing may be restricted to persons over a certain age if certain conditions are met. Housing may be denied to a person who poses a threat to the safety of others or whose tenancy would result in substantial damage to the property.
File a complaint WI Equal Rights Division Phone: 608-266-6860 Phone: 414-227-4384 Email: erinfo@dwd.wisconsin.gov Civil Rights Mediation Program https://dwd.wisconsin.gov/er/civil_rights/housing/housing.htm
File a complaint --ADA U.S. Department of Justice Civil Rights Division https://www.ada.gov/filing_complaint.htm https://www.hud.gov/program_offices/fair_housing_equal_opp File a lawsuit in federal court
Quiz Quiz Which of the following is unlawful discrimination? A. Requiring a potential tenant to have income of at least 3x the monthly rent amount. B. Refusal to rent an apt to an applicant with a documented past history of bedbugs at last rental unit. C. Refusal to rent an apt to a smoker. D. Refusal to rent an apt to a person on Social Security. E. All of the above are illegal.
Quiz Quiz Which of the following is legal? A. A female tenant advertising for a roommate and stating the person must be female. B. A landlord taking money out of a woman s security deposit for damage her service animal did to the unit. C. A landlord requiring a person with a disability and a service dog to live in the dog building. D. A landlord refusing to rent an apt to a woman with a service dog because the dog is a pitbull, a breed banned by city ordinance.
'Emotional support peacock' barred from United Airlines plane January 31, 2018 https://www.bbc.com/news/world -us-canada-42880690
Delta Bans Emotional Support Animals on Long Flights December 11, 2018 Service and support animals < 4 months old are not allowed at all Starting in February 2019, emotional support animals cannot be on flights longer than 8 hours. https://finance.yahoo.com/news/delta-bans-service-animals-long-flights- 152112513.html
American Airlines Announces Changes to Emotional Support Animal Policy Monday, May 14, 2018 40% increase from 2016 to 2017 Restrictions on insects, hedgehogs, goats Requiring 48 hour advance notice and pre-clearance policy for E.S.A.
Southwest Airlines tightens rules on emotional support animals to allow only cats and dogs. Pigs, ferrets, spiders and hedgehogs added to no-fly list. August 14, 2018 https://www.cnbc.com/2018/08/14/sou thwest-tightens-emotional-support- animal-policy-bans-pigs-ferrets.html
In the news. . . Flight attendant survey says 61 percent worked flights where emotional support animal caused a disturbance Delta Airlines, which announced this year that it was implementing stricter rules, said people have tried to fly with companion turkeys, companion snakes, companion spiders and more. The AFA said a bird got loose on one flight and couldn t be found in the cabin for 45 minutes. (Sept. 13, 2018) https://www.washingtonpost.com/transportation/2018/09/14/flight-attendant-survey-says-percent-worked- flights-where-companion-animal-caused-disturbance/?noredirect=on&utm_term=.736365fa3dd4
More and more emotional-support animals are boarding planes September 13, 2018 Between 2016 and 2017, Delta Air Lines reported an 84% increase in animal incidents, most of which involved urination, defecation or aggressive or threatening behavior by a support animal. https://www.economist.com/united-states/2018/09/13/more-and-more-emotional- support-animals-are-boarding-planes
Wis. statute 106.50(2r)(br)5. 5. An individual shall forfeit not less than $500 if he or she, for the purpose of obtaining housing, intentionally misrepresents that he or she has a disability or misrepresents the need for an emotional support animal to assist with his or her disability. 6. A licensed health professional shall forfeit not less than $500 if he or she, for the purpose of allowing the patient to obtain housing, misrepresents that his or her patient has a disability or misrepresents his or her patient's need for an emotional support animal to assist with his or her patient's disability.
Resources Tenant Resource Center http://www.tenantresourcecenter.org/ (608) 257-0006 (877) 238-RENT *Special thanks to the Tenant Resource Center for its valuable information on this topic.
Resources Access to Independence (800) 362-9877 www.Accesstoindep.org WI Fair Housing Council http://fairhousingwisconsin.com/
Resources Fair Housing Act 42 U.S.C. 3601-3619 https://www.justice.gov/crt/fair-housing-act-2 https://www.hud.gov/program_offices/fair_housing_equal_opp/online -complaint Americans With Disabilities Act 42 U.S.C 12101-3 & 12181-12189 https://www.ada.gov/
