Reasonable Accommodation Policy

Chapter 14: Legal Compliance and Controlling Authority

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.

This policy is intended to comply with the following laws, as well as state and federal case law and any governmental agency guidance.

14.1        Federal authority

1. Title VIII of the Civil Rights Act of 1968, as amended in 1988 (the Fair Housing Act, 42 U.S.C. §§ 3601-3619) (“FHA”)
2. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794) (“Section 504”)
3. Americans with Disabilities Act of 1990, Title II (42 U.S.C. § 12010 et seq.), (“ADA”)
4. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (“Title VI”)

The federal regulations implementing each of the above statutes are set forth in the Code of Federal Regulations as follows:

• FHA – 24 C.F.R. Part 100 et seq.
• Section 504 – 24 C.F.R. Part 8 et seq.
• ADA, Title II – 28 C.F.R. Part 34 et seq.
• Title VI – 24 C.F.R. Part 1 et seq.

14.2        State authority

1. Massachusetts General Laws, Chapter 151B (the Massachusetts Housing Bill of Rights for People with Disabilities)
2. Massachusetts General Laws, Chapter 93, § 103 (The Massachusetts Equal Rights Law)
3. Amendment Article 114 of the Massachusetts Constitution

14.3        Local authority

1. City of Boston Fair Housing Ordinance of 1982, as amended