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What is a reasonable accommodation?

The Federal Fair Housing Act “FHA” and the Americans with Disabilities Act “ADA” provides protections for people with disabilities. In addition to a prohibition against discriminating against someone because they are disabled, these laws have affirmative duties for those covered by the two Acts. Under the FHA, one of the affirmative duties is to permit reasonable modifications. In addition, a housing provider must make reasonable accommodations to its policies, practices or procedures if it is necessary for a disabled person to use or enjoy the dwelling.

Similarly, under the ADA, a housing provider must make reasonable accommodations to its policies, practices or procedures if it is necessary to afford the goods, services, facilities, privileges, advantages or accommodations provided by the public accommodation (usually the commercial entity) to individuals with disabilities. The ADA also contains a barrier removal requirement similar to reasonable modifications.

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