FHA/ADA Question

One other question:

We live in a single family home. We asked for an accommodation due to the driveway grade (19!!!) and safety in taking the trashcan down a short driveway at the extreme angle. I requested on my own as I do take out the trash/trash cans on a regular basis and I use a wheelchair/forearm crutches. The HOA knows of the disability and has documentation even though the disability is apparent. The HOA has not approved the request yet, saying there may be an able bodied person in the home to do anything for me that I may need an accommodation for instead of asking for any changes. They have said that if I lived alone they would approve it. Doesn't the FHA/ADA provide to allow the disabled to use the residence in the same manner an able bodied person could? Isn't telling the person that is disabled to have an able bodied person do things for them violate the spirit and intent of the Acts?

On a side note, my spouse does have a disability, but the Association will only accept very personal information from the doctor, they will not accept what the DOJ has outlined (third party with knowledge, etc). We feel that we should not have to provide additional information when it was me that made the initial request and I'm the one needing the modification since there are days/times that schedules do not match up to get the trash out or down for pickup.

The Fair Housing Act defines the requirements for allowing "reasonable accommodations or modification" to allow a disabled person to fully enjoy their home. Information can be found here:

http://www.fhcsp.com/Providers/ra.html

http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf

Having someone else in the home has no bearing on decisions such as that and it will not complicate things in the eyes of the law. It's about reasonable accommodation so YOU can enjoy your home and have the same access as anyone else. That does not include relying on someone who is able-bodied to do it for you.

If they are saying your request would be allowed if you lived alone, than it's reasonable. To deny a reasonable request is like shooting oneself in the foot. It makes no difference who is living with you and what his condition is. Don't feel pressured into disclosing that information, as it's not required. This is a reasonable accommodation request for YOU so YOU can bring out the trash just like "every other other normal person". Of course, work together to come up with something you both agree upon, but in the end, this is your right and you must demand it if they won't give it.

The bottom line is they already agreed it was reasonable (not realizing your husband wasn't a legit reason to deny it).

You have two questions on ADA issues - have you tried checking to see if there are agencies in your area that work with disabled people on issues like this? In my area, we have area agencies on aging which also assist people with disabilities. They may be willing to come out and take a look at your home and come up with solutions you and the Association can live with. Google resources for people with disabilities in Colorado and see what comes up (I tried it a moment ago and there appear to be several options).