UNDUE FINANCIAL BURDEN
FUNDAMENTAL ALTERATION OF THE PROGRAM A fundamental alteration to a property’s program is when a request would require a property to provide services outside its existing scope. The response depends firstly on the property type . As we know, modifications are paid by the property if it is federally funded or subsidized, whereas the cost would be the responsibility of the resident in a conventional property. Also, the financial capacity of the property management company would come into play. If denying a request for financial reasons, property managers must be prepared to substantiate the financial burden, a process more challenging for larger companies or properties given their greater access to resources. A request may pose an undue financial burden if it incurs excessive costs relative to the property’s resources. For example, a resident with a disability requests a comprehensive renovation of their apartment unit to make it fully accessible. This includes widening all doorways for wheelchair access, installing a roll-in shower, lowering all countertops and cabinets, and adding specialized accessibility equipment throughout the unit. This request, which involves significant structural changes, can be prohibitively expensive and may even affect surrounding units. For example, a resident with a disability requests that the property management company provide on-demand personal assistance services. This includes tasks like cleaning and assistance with getting to and from their parking area. In general, a request like this goes beyond typical property management responsibilities, making it a fundamental alteration to its program or services offered.
EACH REQUEST SHOULD BE EVALUATED SEPARATELY.
ONE-SIZE DOES NOT FIT ALL
These types of requests may seem to set a particular precedent in the minds of housing providers. But caution is needed. Each request should be evaluated separately and carefully and shouldn’t be arbitrarily denied. Ensure that you are working well within the realms of federal, state, and local laws. If you are unsure, then consulting with a fair housing attorney is always a best practice.
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