In today’s housing landscape, property managers and leasing professionals often encounter requests for reasonable accommodations based on various disabilities. One area that can lead to confusion is how to handle claims related to Multiple Chemical Sensitivity (MCS). This article explores how chemical sensitivity may qualify as a disability under fair housing laws and outlines the steps a property manager should take when faced with such a request.
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Is Chemical Sensitivity Considered a Disability?
Chemical sensitivity, much like allergies, can be classified as a disability under the Fair Housing Act if it substantially limits one or more major life activities. However, it’s important to note that not all chemical sensitivities rise to the level of a disability. In some cases, a person’s reaction to chemicals may be minor and may not impact their daily life enough to be considered a disability.
In these cases, chemical sensitivity is not always visible or apparent. Because of this, it’s crucial to verify any claims of disability through the resident’s healthcare provider. Property managers should keep in mind that while they are allowed to verify whether the resident’s condition meets the definition of a disability, they cannot ask for specific details regarding the severity or nature of the condition. Simply put, the healthcare provider should be asked whether the condition qualifies as a disability, according to the Fair Housing Act’s definition.
How to Handle a Resident’s Request for Accommodation
Skepticism is a natural reaction, especially in situations where a resident’s actions might appear inconsistent with their claims. For instance, a resident may request an accommodation based on MCS while simultaneously having potential triggers, such as essential oils or pets, in their home. However, it’s important that this skepticism does not interfere with the proper handling of a reasonable accommodation request.
Property managers should follow a thorough, but fair, process when evaluating these claims. One option is to provide the healthcare verifier with relevant information about the resident’s living conditions, such as the presence of essential oils or pets, as well as other factors that may be affecting their symptoms. For example, if the apartment smells of cigarette smoke or there are potential allergens like pet dander, this information could be helpful for the verifier in determining whether these environmental factors are contributing to the resident’s symptoms.
Ultimately, if the healthcare provider confirms that the resident’s condition qualifies as a disability and that the accommodation request is necessary, property management may need to approve the accommodation. The decision will largely depend on the specific accommodation being requested and whether it can be reasonably implemented. However, skepticism alone is not a valid defense against a fair housing complaint, particularly if the verifier confirms the need for an accommodation.
Navigating Chemical Sensitivity Accommodations: Balancing Fairness and Compliance
Chemical sensitivities, though not always visible, may qualify as a disability under fair housing laws if they substantially impair daily activities. Property managers must navigate these situations carefully, relying on verifiable information from healthcare providers while ensuring that personal skepticism does not obstruct the fair housing process. By adhering to proper protocols, property managers can ensure compliance with the Fair Housing Act and provide reasonable accommodations where needed.
This process not only protects the rights of the resident but also helps the property management team maintain a fair and professional standard in addressing accommodation requests.
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