Turbo tenant rental application

[Tom R.]

I'm considering using turbo tenant for my application and billing process. I was reviewing their application when I was this question.

Do you have any special requests or needs we should be aware of?

For me this raises a red flag. The disabled are a protected class I'm not sure its legal to ask the question. By asking the question it seems like a disabled applicant could accuse me of discrimination if I reject him or her for another equally qualified tenant.

What do you think?

[Sarnen Steinbarth]

@Tom R.

First off, your attention to detail (and desire to comply with Fair Housing laws) is a great trait for landlords. Thanks for noticing this and bringing up this concern.

I am the founder of TurboTenant, and while I am not an attorney (and this should not be construed as legal advice), I am a fair housing instructor and am certified through the Association of Real Estate License Law Officials (ARELLO). 

Hopefully, I can help to shed a bit more light on this matter and allay any concern.  

When considering the question on the application, there are a couple things to keep in mind:

1. Not specific to disability. This question does not ask whether or not an individual is disabled. It asks if there are any special requests or needs a landlord should be aware of. The question can apply to both disabled and non-disabled persons. For example, a non-disabled person could request a unit with a mountain view. Similarly, a disabled person might not have any special requests. The question does not attempt to ascertain whether or not someone is disabled, but merely if the applicant would like a special request to be known to the housing provider.
2. Provides a medium to make a request. By law, under the Fair Housing Act, it is: ". . .unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. "
   
   To follow this law, of course, the housing provider must know that someone is, in fact, requesting an accommodation. This request may or may not have been something discussed prior to the point of a rental application. Regardless, allowing an applicant to make such a request (but not requiring disclosure of a disability) on a rental application helps to facilitate communication between the renter and housing provider.

Below is an excerpt from the Joint Statement Of The Department Of Housing And Urban Development And The Department Of Justice Reasonable Accommodations Under The Fair Housing Act

(Available in its full form here: https://www.hud.gov/offices/fheo/library/huddojsta...)

• When and how should an individual request an accommodation?
  Under the Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested accommodation and her disability. An applicant or resident is not entitled to receive a reasonable accommodation unless she requests one. However, the Fair Housing Act does not require that a request be made in a particular manner or at a particular time. A person with a disability need not personally make the reasonable accommodation request; the request can be made by a family member or someone else who is acting on her behalf. An individual making a reasonable accommodation request does not need to mention the Act or use the words "reasonable accommodation." However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. Although a reasonable accommodation request can be made orally or in writing, it is usually helpful for both the resident and the housing provider if the request is made in writing.

To recap:

1. It’s unlawful as a landlord to not follow a reasonable accommodation request;
2. An applicant is not entitled to an accommodation unless requested;
3. It is usually helpful to both the housing provider and the resident that the requests are made in writing

Perhaps it is now a little more clear why we provide an applicant the ability to make such a request, in writing, on the application.  As @Kenneth Garrett and @Jerry W. mentioned it is designed to aid in the communication and assistance for requests for both disabled and non-disabled persons.  

Personally, I'd be more concerned if an online application did not have such way for requests to be made.

Sarnen

P.S. - As a side-note, you will commonly see sections for special requests on forms to book hotel rooms, for the same reasons: to make the hotel aware of the request.

Here is a form from a popular hotel chain: