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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A housing provider may not ordinarily inquire as to the nature and severity of an
individual's disability (see Answer 16, above). However, in response to a request for a
reasonable accommodation, a housing provider may request reliable disability-related
information that (1) is necessary to verify that the person meets the Act’s definition of disability
(i.e., has a physical or mental impairment that substantially limits one or more major life
activities), (2) describes the needed accommodation, and (3) shows the relationship between the
person’s disability and the need for the requested accommodation. Depending on the
individual’s circumstances, information verifying that the person meets the Act's definition of
disability can usually be provided by the individual himself or herself (e.g., proof that an
individual under 65 years of age receives Supplemental Security Income or Social Security
Disability Insurance benefits10 or a credible statement by the individual). A doctor or other
10
 Persons who meet the definition of disability for purposes of receiving Supplemental
Security Income ("SSI") or Social Security Disability Insurance ("SSDI") benefits in most cases
meet the definition of disability under the Fair Housing Act, although the converse may not be
true. See e.g., Cleveland v. Policy Management Systems Corp., 526 U.S. 795, 797 (1999)

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