Example – What Owners May Ask or Must Not Ask Applicants Applying for Accessible Units

An owner offers accessible units to persons needing the features of these units on a priority basis. The provider may ask applicants whether they have a disability such that they will benefit from the features of the units, but may not in such circumstances ask applicants whether they have other types of impairments.

• F. Owners may verify a person’s disability but must adhere to certain verification guidelines.

  1. The owner may verify a person’s disability only to the extent necessary to document that applicants:

     • a. Are qualified for the housing for which they are applying (see Figure 3-5 on determining project eligibility and Figure 3-6 for applicable disability definitions by program type):

     • b. Are qualified for deductions used in determining adjusted income;

     • c. Are entitled to any preference they may claim;

     • d. Who have requested a reasonable accommodation have a disability-related need for the requested accommodation or modification; and

     • e. Need the design features of the unit.

  2. Owners may not require applicants to provide access to confidential medical records in order to verify a disability.

  3. Additional information on verifying eligibility of persons with disabilities can be found in paragraph 3-28 B and in Appendix 6.