FAIR HOUSING FACTS SHEET # 2

Tips for Professionals on How to Write a Disability Verification Letter to Support an Individual's Request for Reasonable Accommodation or Reasonable Modification in Housing

Federal and Oregon state fair housing laws give both tenants and applicants for tenancy who have disabilities the right to request reasonable accommodations in rules, policies, procedures, or practices from housing providers if the changes will make it possible for the individual to be able to complete an application, qualify for tenancy, have full use and enjoyment of the dwelling, and/or to comply with rental or lease agreements. Likewise, tenants with disabilities can request permission to make, or can request the landlord to provide, reasonable modifications to the structure of the dwelling unit or the common areas. These protections cover any type of residential dwelling, including but not limited to publicly and privately owned rental units, dwellings governed by homeowners or condominium associations, and retirement centers.

Very briefly, "reasonable" in this context has been defined by various courts as an accommodation or modification that: (1) does not cause an undue financial or administrative burden for the housing provider; (2) does not fundamentally alter the nature of the housing being offered; and (3) does not pose a significant, actual (not just assumed or speculated about) risk of harm to person or property.

Fair housing regulations allow a housing provider to ask for verification of (1) the existence of a disability, (2) the need for the requested accommodation(s) or modification(s), and (3) what the accommodation(s) or modification(s) will accomplish. The housing provider can require that t he verification come from a qualified professional, but he or she cannot require that it be a medical doctor. A case manager, counselor, social service provider, clergy member, or other reliable source who is familiar with the individual and his or her disability-related needs will serve the purpose.

The professional who is writing a letter verifying the need for a reasonable accommodation or modification should include the following items:

1. The professional should state his or her credentials and qualifications.

   » Example: "I, [professional person's name] am a [doctor, health care professional, other professional] and have the following credentials."

2. The professional should explain the nature and duration of his or her relationship with the individual making the request.

   » Example: "I have treated [applicant or tenant's name] since [date]. I have evaluated and/or treated [tenant's name] [number] times in the last twelve months."

   » Or: "I have not seen [applicant or tenant's name] in the last twelve months; the last time I evaluated and/or treated [him or her] was [date]. However, I believe [his or her] condition would not have changed."

3. The professional should state that the requesting individual has a disabling condition or conditions that substantially limit him or her in one or more major life activities.

   Important Note: By revealing a diagnosis to a housing provider, you can put an individual with a disability at risk of discrimination and/or of having his or her private medical information broadcast further. Before disclosing a diagnosis, get the individual's informed consent. For a person who wants his or her diagnosis kept confidential, a statement that the individual has a disability, coupled with a description of his or her functional limitations, is legally sufficient to verify the need for reasonable accommodation or modification.

4. The professional should describe the requesting individual's disability-related limitations. Explain how the condition(s) of which you have professional knowledge substantially limit(s) one or more of the individual's major life activities. Examples of "major life activities" include, but are not limited to, seeing, walking, reaching, lifting, hearing, speaking, interacting with others, concentrating, learning, and caring for oneself.

   » Example: "Mary has a disability that leaves her unable to carry items such as a bag of groceries or a basket of laundry more than 20 feet. Mary also has a very low level of stamina, which causes her to tire out after only a short period (5 or 10 minutes) of physical exertion." (Note: In order for the housing provider to grant the request, it is unimportant whether these functional limitations have been present since birth, are the result of a car accident, are symptoms of HIV/AIDS, or stem from any other particular cause. The inability to perform certain tasks is what counts.)

   » Or: "Jim has a disability that makes it very difficult for him to maintain his emotional stability at a level that will enable him to function independently in stressful or unfamiliar situations."

   » Or: "Alberto's impairment makes it impossible for him to climb stairs."

5. Describe how the accommodation that the tenant is requesting is necessary to afford him or her the opportunity for full use and enjoyment of the dwelling and amenities. Relate the requested accommodation to the disability-related limitation(s) you described.

   » Example: "My opinion as Mary's treating physician is that Mary requires a designated parking spot next to her apartment so that she is able to do her shopping and other household tasks independently like everyone else."

   » Or: "My opinion as Jim's mental health therapist is that Jim requires a companion animal to keep him company and provide the emotional and psychological support he needs in order to live by himself in an apartment."

   » Or: "As Alberto's physical therapist, my professional opinion is that she needs to be able to use a lift-equipped van or bus in order to go on the trips that Golden Hours Retirement Center offers residents."

6. It is very helpful if the professional verifying the disability and the need for accommodation or modification makes a statement that he or she is available to give additional information to the housing provider as necessary and then supplies contact information.

   » Example: "If I can answer any questions about Mary's functional limitations or her need for accommodations, please contact me at (123) 456-7890 from 10 am until noon weekdays."