ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
2-II.D. VERIFICATION OF DISABILITYThe regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at theend of this chapter. The definition of a person with a disability for the purpose of obtaining areasonable accommodation is much broader than the HUD definition of disability which is usedfor waiting list preferences and income allowances.Before providing an accommodation, the PHA must determine that the person meets thedefinition of a person with a disability, and that the accommodation will enhance the family’saccess to the PHA’s programs and services.If a person’s disability is obvious, or otherwise known to the PHA, and if the need for therequested accommodation is also readily apparent or known, no further verification will berequired [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodationsunder the Fair Housing Act].If a family indicates that an accommodation is required for a disability that is not obvious orotherwise known to the PHA, the PHA must verify that the person meets the definition of aperson with a disability, and that the limitations imposed by the disability require the requestedaccommodation.When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.All information related to a person’s disability will be treated in accordance with theconfidentiality policies provided in Chapter 16. In addition to the general requirements thatgovern all verification efforts, the following requirements apply when verifying a disability:Third-party verification must be obtained from an individual identified by the family who iscompetent to make the determination. A doctor or other medical professional, a peer supportgroup, a non-medical service agency, or a reliable third party who is in a position to knowabout the individual’s disability may provide verification of a disability [Joint Statement ofthe Departments of HUD and Justice: Reasonable Accommodations under the Fair HousingAct]The PHA must request only information that is necessary to evaluate the disability-relatedneed for the accommodation. The PHA will not inquire about the nature or extent of anydisability.Medical records will not be accepted or retained in the participant file.2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [Joint Statementof the Departments of HUD and Justice: Reasonable Accommodations under the Fair HousingAct].The PHA must approve a request for an accommodation if the following three conditions aremet: The request was made by or on behalf of a person with a disability. There is a disability-related need for the accommodation. The requested accommodation is reasonable, meaning it would not impose an undue© Copyright 2008 Nan McKay & Associates Page 2-8Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
Requests for accommodations must be assessed on a case-by-case basis, taking into accountfactors such as the cost of the requested accommodation, the financial resources of the PHA atthe time of the request, the benefits that the accommodation would provide to the family, and theavailability of alternative accommodations that would effectively meet the family’s disabilityrelatedneeds.Before making a determination whether to approve the request, the PHA may enter intodiscussion and negotiation with the family, request more information from the family, or mayrequire the family to sign a consent form so that the PHA may verify the need for the requestedaccommodation.PHA PolicyAfter a request for an accommodation is presented, the PHA will respond, in writing,within 10 business days.If the PHA denies a request for an accommodation because it is not reasonable (it wouldimpose an undue financial and administrative burden or fundamentally alter the nature ofthe PHA’s operations), the PHA will discuss with the family whether an alternativeaccommodation could effectively address the family’s disability-related needs without afundamental alteration to the HCV program and without imposing an undue financial andadministrative burden.If the PHA believes that the family has failed to identify a reasonable alternativeaccommodation after interactive discussion and negotiation, the PHA will notify thefamily, in writing, of its determination within 10 business days from the date of the mostrecent discussion or communication with the family.2-II.F. RE-VERIFYING THE NEED FOR REASONABLE ACCOMMODATIONS© Copyright 2008 Nan McKay & Associates Page 2-9Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
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- Page 31 and 32: 1-I.A. OVERVIEWPART I: THE PHAThis
- Page 33 and 34: 1-I.E. THE PHA’S COMMITMENT TO ET
- Page 35 and 36: e merged into a single tenant-based
- Page 37 and 38: What does HUD do?HUD has the follow
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- Page 45 and 46: The PHA will not use any of these f
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- Page 92 and 93: or the extension period has elapsed
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2-II.D. VERIFICATION OF DISABILITYThe regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at theend of this chapter. The definition of a person with a disability for the purpose of obtaining areasonable accommodation is much broader than the HUD definition of disability which is usedfor waiting list preferences and income allowances.Before providing an accommodation, the PHA must determine that the person meets thedefinition of a person with a disability, and that the accommodation will enhance the family’saccess to the PHA’s programs and services.If a person’s disability is obvious, or otherwise known to the PHA, and if the need for therequested accommodation is also readily apparent or known, no further verification will berequired [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodationsunder the Fair <strong>Housing</strong> Act].If a family indicates that an accommodation is required for a disability that is not obvious orotherwise known to the PHA, the PHA must verify that the person meets the definition of aperson with a disability, and that the limitations imposed by the disability require the requestedaccommodation.When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.All information related to a person’s disability will be treated in accordance with theconfidentiality policies provided in Chapter 16. In addition to the general requirements thatgovern all verification efforts, the following requirements apply when verifying a disability:Third-party verification must be obtained from an individual identified by the family who iscompetent to make the determination. A doctor or other medical professional, a peer supportgroup, a non-medical service agency, or a reliable third party who is in a position to knowabout the individual’s disability may provide verification of a disability [Joint Statement ofthe Departments of HUD and Justice: Reasonable Accommodations under the Fair <strong>Housing</strong>Act]The PHA must request only information that is necessary to evaluate the disability-relatedneed for the accommodation. The PHA will not inquire about the nature or extent of anydisability.Medical records will not be accepted or retained in the participant file.2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [Joint Statementof the Departments of HUD and Justice: Reasonable Accommodations under the Fair <strong>Housing</strong>Act].The PHA must approve a request for an accommodation if the following three conditions aremet: The request was made by or on behalf of a person with a disability. There is a disability-related need for the accommodation. The requested accommodation is reasonable, meaning it would not impose an undue© Copyright 2008 Nan McKay & Associates Page 2-8Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.