Four Misconceptions About Reasonable Accommodation and Modification

Many people are familiar with the phrases "reasonable accommodation" and "reasonable modification," but not everyone understands their precise meanings or their relevance to organizations.

Understanding these concepts is crucial as it can help prevent expensive legal battles and address genuine needs effectively. By dispelling some widespread myths related to reasonable accommodation and modification, we can foster an inclusive environment for individuals with disabilities.

1. Myth one: the terms are interchangeable

There is a common belief that reasonable accommodation and reasonable modification are identical, but this is incorrect. Reasonable accommodation involves changes or adjustments to rules, policies, practices, or services. For instance, if a resident receives disability benefits monthly, altering the due date of their association dues to align with this can be seen as reasonable accommodation. Conversely, reasonable modification refers to physical changes to a space, like adding a wheelchair-accessible ramp to a community facility.

2. Myth two: associations bear the cost of modifications

Legally, when modifications are necessary for a disabled person to fully enjoy a community, the disabled resident typically covers these costs. The “reasonable” aspect plays a pivotal role here; if the expense is too burdensome, it might become challenging for the resident. Associations might choose to assist financially in such cases. For example, constructing a simple plywood ramp might be a reasonable modification, though it may not meet the community’s aesthetic standards. If the association prefers a more appealing concrete and wrought iron ramp, the additional cost for appearances cannot be charged to the resident. These scenarios can quickly become intricate, making professional guidance from property management and legal advisors invaluable.

3. Myth three: associations must grant every accommodation request

Accommodations are granted based on a resident's specific disability needs, not merely their disabled status. For example, altering the due date for association dues to coincide with the arrival of a resident’s disability check is reasonable. However, changing the due date due to irrelevant reasons like delayed alimony payments is not justified.

4. Myth four: handicaps are always visible

A common misconception is that disabilities are always visible, which is not the case under the Fair Housing Amendments Act (FHAA). The Act defines a handicap as any physical or mental impairment that limits major life activities, covering conditions that may not be outwardly apparent. Moreover, even those with a history or perception of such impairments are protected. This broad definition means more individuals might qualify for handicap status than one might assume, underscoring the importance of understanding both reasonable accommodation and modification.

Consulting with legal experts is crucial when dealing with issues surrounding reasonable accommodation or modification to navigate complex legal landscapes effectively.