Through HUD Section 504, OHA ensures that a “qualified” person with a handicap:
- Is afforded an opportunity equal to that afforded to others
- Is provided housing and benefits as effective as those afforded to others
- Is not provided different or separate housing or benefits unless necessary to provide the person with a handicap with housing and benefits that are as effective as those provided to others
What is a Reasonable Accommodation?
A reasonable accommodation is a change, exception or adjustment to a rule, policy practice or service that may be necessary for the person with a disability to have an equal opportunity to the Housing Authority’s programs and services.
What is the definition of a Person with a Disability?
A person with a disability is any person who:
- Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual; or
- Has a record of having such impairment; or
- Is regarded as having such impairment
If they do not meet this definition, OHA shall apply the definition of “Disability” under California’s Fair Employment and Housing Act.
What is OHA’s Staff Role and Responsibility?
OHA’s employees are responsible for ensuring that the agency does not discriminate against a person with a disability by refusing to make a reasonable accommodation that may be necessary to allow that person equal access under any of the programs administered by OHA.
Under the Fair Housing Act, OHA is responsible for making reasonable accommodations and structural modifications to property it owns, and/or manages, to allow a person with disabilities equal access and equal opportunity to use and enjoy the dwelling and common areas, unless doing so would result in a fundamental alteration of the program or is an undue financial and administrative burden.
What is a Reasonable Modification?
A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. A request for a reasonable modification may be made at any time during the tenancy. The Act makes it unlawful for a housing provider or homeowners’ association to refuse to allow a reasonable modification to the premises when such a modification may be necessary to afford persons with disabilities full enjoyment of the premises.
To show that a requested modification may be necessary, there must be an identifiable relationship, or nexus, between the requested modification and the individual’s disability. Further, the modification must be “reasonable.” Examples of modifications that typically are reasonable include widening doorways to make rooms more accessible for persons in wheelchairs; installing grab bars in bathrooms; lowering kitchen cabinets to a height suitable for persons in wheelchairs; adding a ramp to make a primary entrance accessible for persons in wheelchairs; or altering a walkway to provide access to a public or common use area. These examples of reasonable modifications are not exhaustive.
Requesting Reasonable Accommodation
A reasonable accommodation request(s) may be made by or on behalf of a person with a disability to any OHA staff. If a participant or applicant indicates that an exception, change, or adjustment to a rule, policy, practice or service is needed because of a disability, the OHA must treat that information as a request for a reasonable accommodation even if no formal written request is made.
Verbal requests are the most common types of requests. However, participants or applicants can complete our Reasonable Accommodation (RA) Form electronically. Be advised that if the participant or applicant does not complete the “Official RA form,” it does not negate or cancel out the fact that a reasonable accommodation request was made.
If you need assistance, and are using a TDD device, please call (510) 587-7119.
For more information on Reasonable Accommodations, or if this is a domestic violence, dating violence, sexual assault, or stalking related request; please contact the Fair Housing Specialist;
Melissa Benik
(510) 874-1546
reasonableaccomodationvmb@oakha.org
To access HUD's Section 504 notices, regulations and supportive documents click here.