Fair Housing

Under the FHA, who has the burden of proof to show that a reasonable accommodation is necessary for a person with a disability?

AThe landlord must prove it is not necessary
BThe tenant/applicant must show that the accommodation is necessary because of their disability and relate the accommodation to the disability✓ Correct
CNo proof is required — all requests must be granted
DA doctor must provide written proof before any accommodation is considered

Explanation

The person requesting the accommodation must demonstrate: (1) they have a disability, (2) the accommodation is necessary, and (3) there is a nexus between the disability and the need for the accommodation. The landlord may request reliable documentation but not a specific physician's form.

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