HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)

Citation: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)
Parent Document: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)
Jurisdiction: United States (federal)
Original Source: https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_state... ↗

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The Act does not allow for exclusion of individuals based upon fear, speculation, or
stereotype about a particular disability or persons with disabilities in general. A determination
that an individual poses a direct threat must rely on an individualized assessment that is based on
reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The
assessment must consider: (1) the nature, duration, and severity of the risk of injury; (2) the
probability that injury will actually occur; and (3) whether there are any reasonable
accommodations that will eliminate the direct threat. Consequently, in evaluating a recent
history of overt acts, a provider must take into account whether the individual has received
intervening treatment or medication that has eliminated the direct threat (i.e., a significant risk of
substantial harm). In such a situation, the provider may request that the individual document

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