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 man who is substantially limited in his ability to walk uses a
 motorized scooter for mobility purposes. He applies to live in an assisted living
 facility that has a policy prohibiting the use of motorized vehicles in buildings and
 elsewhere on the premises. It would be a reasonable accommodation for the
 facility to make an exception to this policy to permit the man to use his motorized
 scooter on the premises for mobility purposes. Since allowing the man to use his
 scooter in the buildings and elsewhere on the premises is a reasonable
 accommodation, the facility may not condition his use of the scooter on payment
 of a fee or deposit or on a requirement that he obtain liability insurance relating to
 the use of the scooter. However, since the Fair Housing Act does not protect any
 person with a disability who poses a direct threat to the person or property of
 others, the man must operate his motorized scooter in a responsible manner that
 does not pose a significant risk to the safety of other persons and does not cause
 damage to other persons' property. If the individual's use of the scooter causes
 damage to his unit or the common areas, the housing provider may charge him for
 the cost of repairing the damage (or deduct it from the standard security deposit
 imposed on all tenants), if it is the provider's practice to assess tenants for any
 damage they cause to the premises.

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