(a) Definition. This Chapter applies only to those persons who are defined as disabled under the Acts. The Acts define a person with a disability to include persons who are regarded as having an impairment, and persons with a record of an impairment. The Federal Housing Administration (FHA) defines a disabled person as an individual with a physical or mental impairment that substantially limits one (1) or more major life activities, such as walking, talking, seeing, hearing, breathing, performing manual tasks, caring for one's self, learning, and working.
(b) Other Qualifying Disabilities. Disabilities are not always obvious. It is important to recognize that disabilities do not always require a person to have an assistive device, such as a cane or hearing aid; disabilities are not always physical and therefore mental impairments such as chronic fatigue syndrome, a learning disability, autism spectrum, and mental illness all fit the FHA's definition. Also, the disease of addiction may qualify as a disability.
(c) Proof of Disability. A housing provider may request reliable disability-related information under the following conditions:
(1) When it 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 (1) or more major life activities);
(2) When the disability-related information describes the needed accommodation; and
(3) When the disability-related information demonstrates the relationship between the person's disability and the need for the requested accommodation.
(d) Who Can Provide Proof of Disability. Proof of disability can be provided by the individual, including documentation that they are under sixty-five (65) years of age and receiving supplemental security income or Social Security disability insurance benefits. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual's disability may also provide verification of a disability. An individual's medical records or detailed information about the nature of a person's disability is not usually necessary for this inquiry and should not be requested.
(e) Confidentiality. Once a housing provider has established that a person meets the Act's definition of disability, the provider's request for documentation should be limited to the information necessary to evaluate if the reasonable accommodation is needed because of a disability. Such information must be kept confidential and must not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation request or unless disclosure is required by law (e.g., a court-issued subpoena requiring disclosure).
[Ord. No. 623, Section 4, 4/27/22.]