Example – Neutral — HUD Handbook 4350.3 REV-1

An owner must modify a “no animals” policy to allow a tenant with a disability who needs an assistance animal as a result of his or her disability, to have that animal.

NOTE: Housing policies that owners can demonstrate are essential to the project will not be regarded as discriminatory under this requirement if modifications to such policies would result in a fundamental alteration in the nature of the housing program or activity or undue financial and administrative burden. (See paragraph 2-42.)

C. Owners must not fail to provide reasonable accommodations when such accommodations may be necessary to afford a person with disabilities equal opportunity to use and enjoy a dwelling unit and the public and common areas. (Refer to Subsection 4: Reasonable Accommodations for more information about reasonable accommodations.)

HUD Occupancy Handbook Chapter 2: Civil Rights and Nondiscrimination Requirements

6/07

2-22

Section 3: Additional Nondiscrimination and Accessibility Requirements for Persons with Disabilities

4350.3 REV-1

Subsection 2: Policies and Procedures to Ensure Nondiscrimination and Promote Accessibility

D. Owners must ensure that their policies and procedures do not have a disparate or impact on persons with disabilities. Refer to paragraph 2-18 C for a discussion of “disparate impact.”
E. Owners are not required to provide supportive or other services (e.g., counseling, medical or social services) that fall outside the scope of the applicable housing program for the property. The test for what the owner must provide is whether, with appropriate modifications, the applicant can achieve the purpose of the program offered, not whether the applicant/tenant could benefit or obtain results from some other program that the owner does not offer.

NOTE : Applicants who need services not provided by the project must be allowed to arrange for those services on their own.