1.1 General statement of policy
This policy sets forth the Boston Housing Authority’s (“BHA”) guidelines for providing Reasonable Accommodations (“RAs”) to BHA Applicants, Voucher Holders, Participants, and Residents with disabilities1 when such Accommodations may be necessary to provide them with an equal opportunity to use and enjoy BHA housing units, common areas, activities, and programs (“BHA housing and programs”). This policy explains the framework used to determine whether a person is eligible for an RA, and whether a given Accommodation is reasonable and necessary. It also explains the rights of Applicants, Voucher Holders, Participants, and Residents, and the obligations of BHA throughout the RA request process.
These guidelines are not intended to be an exhaustive compilation of rules or policies governing BHA’s handling of RA requests. If any conflicts exist or arise between this policy and guidance issued by the U.S. Department of Housing and Urban Development (“HUD”), or existing or future statutes, regulations, or other legal requirements at the state, federal, or local level, BHA will adhere to the other requirements. A list of controlling laws is provided in Chapter 14.
1.2 Individuals referenced in this policy
This policy references the following individuals (whether heads of households or their authorized household members) who may be in need of an RA due to a disability:
- Applicants: Individuals who are applying/have already applied to one of BHA’s housing programs.
- Voucher Holders: Individuals who are holding an unexpired voucher from a state or federal program administered by BHA’s Leased Housing Division (such as “Section 8” or “MRVP”). They become “Participants” (see below) upon execution of a Housing Assistance Payment (“HAP”) Contract.
- Participants (or “Leased Housing Participants”): Individuals assisted under the federal or state voucher or non-voucher programs administered by BHA’s Leased Housing Division. Leased Housing programs include the “Section 8,” “Section 8 Mod Rehab,” “Section 8 PBV,” and “MRVP” programs.
- Residents (or “Public Housing Residents”): Individuals lawfully residing at any of BHA’s public housing developments.
This policy will use the term “Client” when guidance applies to Applicants, Voucher Holders, Participants, and Residents alike.
1.3 Non-retaliation/discrimination policy
BHA will not discriminate or take any retaliatory action against a Client who has requested an RA on the basis of a disability, or who has assisted or encouraged any other person to make a request.
Additionally, BHA will not discriminate or take any retaliatory action against a Client who has exercised his/her right of internal appeal, filed an administrative agency complaint, or sought judicial review regarding an RA request, or who has assisted or encouraged another person to do so, or who has assisted in the investigation of an RA claim.
1.4 Notification of reasonable accommodation rights
BHA will notify all Clients on an initial and continuing basis of their right to request RAs. The situations and circumstances in which written notice of RA rights will be given include but are not limited to the following:
- When an Applicant first applies for housing.
- When an Applicant is notified of his/her briefing session.
- When a Resident is notified of his/her annual Tenant Status Review.
- When a Participant is notified of his/her annual recertification.
- When a Client is notified of a private conference or informal hearing.
- When a Client is notified of an adverse action.
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1For purposes of this policy, the preferred term, “disability,” includes the term “handicap” within its scope.
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