Reasonable Accommodations in Housing: Understanding Legal Obligations under Federal and Pennsylvania Law

This course provides attorneys with essential knowledge about federal and Pennsylvania housing laws regarding reasonable accommodations for individuals with disabilities in the housing context. With housing discrimination claims on the rise, legal practitioners must understand how to identify, analyze, and respond to accommodation requests. This training will enhance an attorney’s ability to effectively advise clients, whether they are housing providers, tenants, or advocacy organizations, on their legal rights and responsibilities.

The Fair Housing Act and Pennsylvania Human Relations Act will be discussed, as they pertain to reasonable accommodations in housing. The program will cover legal standards, enforcement mechanisms, the interactive process, relevant case law, and practical strategies for evaluating and responding to reasonable accommodation requests.

This program is suitable for attorneys with basic knowledge of fair housing or disability law who are seeking a deeper understanding of reasonable accommodations in housing settings. Attorneys who represent housing providers, tenants, fair housing agencies, or advocacy organizations, as well as those involved in landlord-tenant law, disability rights, or real estate, are encouraged to attend. Government attorneys, nonprofit advocates, and private practitioners will also benefit.

Learning Objectives:

1. Define “disability” under the Fair Housing Act (FHA) and Pennsylvania Human Relations Act (PHRA). Briefly explain the differences and similarities between the FHA and other federal civil rights laws, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). 
2. Explain Section 504 protections for persons with disabilities and landlord/owner obligations when housing receives federal assistance. Distinguish those protections from the FHA and PHRA. 
3. List the WHO, WHAT, WHEN, and WHY of reasonable accommodations (RA), including the RA request, housing provider duties, and the reasonable accommodation process. 
4. Evaluate the “interactive process” and how it applies to reasonable accommodations.
5. Identify what justifies the denial of a reasonable accommodation request. 
6. Describe the HUD and PHRC process and enforcement procedures through HUD, the PHRC, and private litigation. 
7. Assess relevant reasonable accommodation cases under federal and state law. 
8. Explore best practices to avoid liability. 
9. Identify problematic policy provisions and processes.