Some Further Thoughts on Fair Housing Act Medical Verifications

I have had a handful of reasonable accommodation requests come across my desk over the last month with the same issue: when the leasing office gets a medical verification, the health care provider identifies that the resident has a medical or mental condition (which is appropriate), but the verification (typically in a letter) does not assert that the resident is disabled. The distinction is important as only individuals with a recognized disability (as that term is defined under federal law) are entitled to a reasonable accommodation (or reasonable modification) under the Fair Housing Act (FHA). For example, if a letter notes a resident was diagnosed with “depression” and requires an assistance animal, management is absolutely entitled to confirm if the “depression” rises to the level of a disability. Indeed, there are countless mental and medical conditions which may – or may not – be severe enough to qualify as a disability. Also, two…

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