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 2: James X, a tenant at the Shady Oaks apartment complex, is
 arrested for threatening his neighbor while brandishing a baseball bat. The Shady
 Oaks’ lease agreement contains a term prohibiting tenants from threatening
 violence against other residents. Shady Oaks’ rental manager investigates the
 incident and learns that James X threatened the other resident with physical
 violence and had to be physically restrained by other neighbors to keep him from
 acting on his threat. Following Shady Oaks’ standard practice of strictly enforcing
 its “no threats” policy, the Shady Oaks rental manager issues James X a 30-day
 notice to quit, which is the first step in the eviction process. James X's attorney
 contacts Shady Oaks' rental manager and explains that James X has a psychiatric
 disability that causes him to be physically violent when he stops taking his
 prescribed medication. Suggesting that his client will not pose a direct threat to
 others if proper safeguards are taken, the attorney requests that the rental manager
 grant James X an exception to the “no threats” policy as a reasonable
 accommodation based on James X’s disability. The Shady Oaks rental manager
 need only grant the reasonable accommodation if James X’s attorney can provide
 satisfactory assurance that James X will receive appropriate counseling and

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