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 different medical verifications identified “therapeutic regimens” or “treatment plans” – but did not assert that an emotional support animal was part of that regimen or plan. In such a circumstance, the leasing office can also seek supplemental information from the health care provider to confirm that there is a nexus (or link) between the disability and the requested accommodation (or modification).

Again, I am not attempting to seek confidential health care information or medical records from our residents. I am not trying to violate the health care privacy laws (such as HIPPA). In an era of highly questionable medical verifications (many of which are purchased over the internet with a credit card), however, I am simply attempting to confirm that a verification is legitimate and is not from a resident without a disability and/or who is not eligible for the requested accommodation. Hope that makes sense.

Just A Thought.