Proof of Disability

When tenant or prospects asks for a reasonable modification (change in the premises) or reasonable accommodation (change in rules) due to a disability, the landlord may not point-blank ask for proof of the disability.

Be VERY careful in this area, or you will be in violation of the Fair Housing laws.

This is what HUD says about the proof issues: “A housing provider may not ordinarily inquire as to the nature and severity of an individual's disability…. However, in response to a request for a reasonable accommodation, a housing provider may request reliable disability-related information that (1) is necessary to verify that the person meets the Act’s definition of disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities), (2) describes the needed accommodation, and (3) shows the relationship between the person’s disability and the need for the requested accommodation. “

I recommend you incorporate this language into a form letter, and present it to anyone making such a request, unless it is obvious from the circumstances that the request should be granted. Use of the form will avoid accidentally saying the wrong thing.