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10-Apr-2017 21:52

If the answer to either of these is yes, the requested accommodation is not reasonable.

However, even where a housing provider is not obligated to provide a particular accommodation because the particular accommodation is not reasonable, the provider is still obligated to provide other requested accommodations that do qualify as reasonable.

Because the housing development is a small, low-budget operation and it would be an administrative burden for the housing provider to provide daily trash service to the tenant, the housing provider may refuse to provide the requested accommodation.

However, the housing provider is obligated to provide the tenant with a requested alternative accommodation, such as providing either an open trash can or placing a trash can which the tenant can open in an accessible location so that the tenant can dispose of his trash.

If the housing provider believes the requested accommodation is unreasonable, the housing provider may, but is not required to, propose a substitute accommodation requested by the tenant or applicant because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective.

If the housing provider suggests an alternative accommodation, the tenant may reject it if he or she feels it does not meet his or her needs.

Since persons with disabilities may have special needs due to their disabilities, in some cases, simply treating them exactly the same as others may not ensure that they have an equal opportunity to use and enjoy a dwelling.

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