Disability Accommodations

Disability Accommodations in Washington Housing ## Two Federal Laws Work Together Washington housing professionals must understand how two federal laws interact for disability protections: 1. Fair Housing Act (FHA) — applies to housing (rentals, sales, financing); protected class is "disability" 2. Americans with Disabilities Act (ADA) — applies to public accommodations and commercial facilities; not primarily a housing statute but affects commercial real estate ## FHA Definition of Disability Under the FHA, "disability" means: - A physical or mental impairment that substantially limits one or more major life activities - A record of having such an impairment - Being regarded as having such an impairment Past addiction to drugs or alcohol may qualify; current illegal drug use does not. ## Reasonable Accommodation vs. Reasonable Modification These two concepts are frequently confused on the exam. | | Reasonable Accommodation | Reasonable Modification | |---|---|---| | What it is | A change to rules, policies, practices, or services | A physical change to the property | | Example | Allow a guide dog despite a no-pets policy | Install grab bars in the bathroom | | Who pays | The housing provider (landlord) | The tenant/buyer | | Applies to | Multi-family housing, rules/policies | The physical structure | Reasonable accommodation — the landlord changes a rule or policy. A tenant with depression needs an emotional support animal; the landlord's "no pets" policy must accommodate this request. The landlord pays nothing; it's just a policy exception. Reasonable modification — the tenant makes a physical change to the unit. A tenant in a wheelchair needs a roll-in shower. The tenant pays for the modification. The landlord must allow it but cannot be…