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Resasonable Accommodation Requests — Yet Again

By Fox Rothschild LLP on November 5, 2010
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A new fair housing complaint arrived on my desk this week.  It alleged that a resident made a reasonable accommodation (really a reasonable modification) request for a ramp three years ago and management did not respond.  As faithful readers of this blog know, I always believe there are two sides to every complaint and I always want to hear from management before I make up my mind.

Nevertheless, this complaint provides yet another reminder that management absolutely should respond to each and every reasonable accommodation or reasonable modification request you receive.  I recommend management send an interim response informing the resident that we have received your request and are reviewing it.  I have written and circulated those letters.  Then, once management understands what the resident seeks, send them another letter.  And include copies of those letters in the files.  I cannot stress how important it is to document the file.  Remember, in a fair housing case, management usually has to prove our innocence.  One of the best ways to do that is to ensure the resident’s file is appropriately documented.

I don’t yet know the facts of this new complaint.  I will be shocked if a resident’s reasonable accommodation or modification request languished for three years.  But this is further evidence that management must appropriately document requests and respond to them.

Just A Thought.

 

 

  • Posted in:
    Real Estate & Construction
  • Blog:
    Fair Housing Defense
  • Organization:
    Fox Rothschild LLP

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