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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Example 1: A housing provider requires all persons applying to rent an
 apartment to complete an application that includes information on the applicant’s
 current place of residence. On her application to rent an apartment, a woman
 notes that she currently resides in Cambridge House. The manager of the
 apartment complex knows that Cambridge House is a group home for women
 receiving treatment for alcoholism. Based solely on that information and his
 personal belief that alcoholics are likely to cause disturbances and damage
 property, the manager rejects the applicant. The rejection is unlawful because it is
 based on a generalized stereotype related to a disability rather than an
 individualized assessment of any threat to other persons or the property of others
 based on reliable, objective evidence about the applicant’s recent past conduct.
 The housing provider may not treat this applicant differently than other applicants
 based on his subjective perceptions of the potential problems posed by her
 alcoholism by requiring additional documents, imposing different lease terms, or
 requiring a higher security deposit. However, the manager could have checked
 this applicant’s references to the same extent and in the same manner as he would
 have checked any other applicant’s references. If such a reference check revealed
 objective evidence showing that this applicant had posed a direct threat to persons
 or property in the recent past and the direct threat had not been eliminated, the
 manager could then have rejected the applicant based on direct threat.

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