Key Takeaways
- Acknowledge accommodation requests in writing within 3 business days—even verbal requests must be documented.
- Evaluate using three questions: is there a disability, is there a nexus, and is the request reasonable?
- Respond in writing within 14 days: approve, deny with reason and alternative, or request specific additional information.
- Retain all accommodation request documentation for the tenancy duration plus 5 years.
Processing reasonable accommodation and modification requests is the most procedurally complex aspect of fair housing compliance. This lesson provides the step-by-step workflow, decision tree, and documentation templates for compliant request processing.
Step 1: Request Intake and Acknowledgment
Accommodation requests do not need to follow a specific format—they can be verbal, written, or even implied by behavior. Upon receiving a request: log it in the accommodation request tracker with the date, tenant name, unit, and nature of the request. Acknowledge receipt in writing within 3 business days. Do not approve, deny, or express an opinion at this stage—simply acknowledge and set expectations for the response timeline. If the request is verbal, document it in writing and send the documentation to the tenant for confirmation.
Step 2: Evaluation and Verification
Evaluate the request using three questions. First: does the requester have a disability as defined by the FHA? If the disability is obvious, verification of disability status is not needed. If not obvious, request verification from a licensed healthcare provider. Do NOT request the diagnosis, medical records, or detailed treatment information. Second: is there a nexus between the disability and the requested accommodation? Third: is the request reasonable—would it impose an undue financial or administrative burden or fundamentally alter the housing provider's operations? Most accommodations pass this test—granting an ESA, reserving a parking space, or modifying a no-guest policy are not undue burdens for most operators.
Step 3: Response and Documentation
Respond in writing within 14 days of the request. If approved: specify the accommodation granted, any conditions, and the effective date. If denied: state the specific reason for denial, propose an alternative accommodation if possible, and invite further discussion. If more information is needed: specify exactly what information is required and provide a reasonable deadline (14 additional days). Document the entire process: the original request, acknowledgment letter, any verification correspondence, the evaluation analysis, and the final response. Retain these records for the duration of the tenancy plus 5 years.
Timeline Milestones
Acknowledge accommodation requests in writing within 3 business days—even verbal requests must be documented.
Evaluate using three questions: is there a disability, is there a nexus, and is the request reasonable?
Respond in writing within 14 days: approve, deny with reason and alternative, or request specific additional information.
Retain all accommodation request documentation for the tenancy duration plus 5 years.
Sources
Common Mistakes to Avoid
Automatically denying accommodation requests that conflict with existing property rules.
Consequence: The entire purpose of reasonable accommodations is to make exceptions to rules for disability-related needs. Blanket denial based on rules is a per se violation.
Correction: Evaluate every accommodation request individually under the FHA framework: is there a disability? Is there a disability-related need? Is the accommodation reasonable? Engage in the interactive process.
Requiring tenants to use specific forms or follow specific procedures to submit accommodation requests.
Consequence: The FHA does not require any particular format. A verbal request, a note from a doctor, or even an email constitutes a valid request that triggers the interactive process.
Correction: Recognize accommodation requests in any form. While you may provide preferred forms, you cannot deny requests that arrive in other formats.
Sharing disability-related documentation with staff who do not need it for the accommodation evaluation.
Consequence: Violation of privacy protections; potential additional claims for unauthorized disclosure of medical information.
Correction: Restrict access to disability documentation to the person evaluating the request. Store records in a confidential file separate from the general tenant file.
Test Your Knowledge
1.What is the recommended timeframe for acknowledging a reasonable accommodation request in writing?
2.A tenant requests permission to have an emotional support cat in a no-pet building. What is the correct first step?
3.What should the accommodation response documentation include?