PDFUSH | The Department of Justice ("DOJ") and the Department of Housing and Urban Development ("HUD") are jointly responsible for enforcing the federal Fair Housing Act (the "Act"), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.2 One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.3 HUD and DOJ frequently respond to complaints alleging that housing providers have violated the Act by refusing reasonable accommodations to persons with disabilities. This Statement provides technical assistance regarding the rights and obligations of persons with disabilities and housing providers under the Act relating to reasonable accommodations |

Table of Contents

Introduction
Questions and Answers

What types of discrimination against persons with disabilities does the Act prohibit?
Who must comply with the Fair Housing Act’s reasonable accommodation requirements?
Who qualifies as a person with a disability under the Act?
Does the Act protect juvenile offenders, sex offenders, persons who illegally use controlled substances, and persons with disabilities who pose a significant danger to others?
How can a housing provider determine if an individual poses a direct threat?
What is a "reasonable accommodation" for purposes of the Act?
Are there any instances when a provider can deny a request for a reasonable accommodation without violating the Act?
What is a “fundamental alteration”?
What happens if providing a requested accommodation involves some costs on the part of the housing provider?
What happens if no agreement can be reached through the interactive process?
May a housing provider charge an extra fee or require an additional deposit from applicants or residents with disabilities as a condition of granting a reasonable accommodation?
When and how should an individual request an accommodation?
Must a housing provider adopt formal procedures for processing requests for a reasonable accommodation?
Is a housing provider obligated to provide a reasonable accommodation to a resident or applicant if an accommodation has not been requested?
What if a housing provider fails to act promptly on a reasonable accommodation request?
What inquiries, if any, may a housing provider make of current or potential residents regarding the existence of a disability when they have not asked for an accommodation?
What kinds of information, if any, may a housing provider request from a person with an obvious or known disability who is requesting a reasonable accommodation?
If a disability is not obvious, what kinds of information may a housing provider request from the person with a disability in support of a requested accommodation?
If a person believes she has been unlawfully denied a reasonable accommodation, what should that person do if she wishes to challenge that denial under the Act?