| (a) Purpose. The purpose of this section is to establish
the procedures by which a Requestor may ask that a Reasonable Accommodation
is made to the Department. For rules governing the handling of reasonable
accommodation requests and responsibilities of entities receiving
funds or resources from the Department see Subchapter B, §1.204
of this Chapter, relating to Reasonable Accommodations. This rule
is statutorily authorized by Tex. Gov't Code, 2306.066(e), which requires
the Executive Director to prepare a written plan to provide persons
with disabilities an opportunity to participate in the Department's
programs, and in accordance with the Fair Housing Act, and other federal
and state civil rights laws.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Board--The Governing Board of the Texas Department
of Housing and Community Affairs.
(2) Director or Program Manager--Department staff member
supervising the division or area of a division containing the program
for which a Reasonable Accommodation is being requested.
(3) Disability--A physical or mental impairment that
substantially limits one or more major life activities; or having
a record of such an impairment; or being regarded as having such an
impairment. Included in this meaning is the term handicap as defined
in the Fair Housing Act, or the term disability as defined in the
Americans with Disabilities Act.
(4) Fair Housing Act--Fair Housing Act of 1968, also
known as Title VIII of the Civil Rights Act of 1968.
(5) Reasonable Accommodation--An accommodation and/or
modification that is an alteration, change, exception, or adjustment
to a program, policy, service, building, or dwelling unit, that will
allow a qualified person with a Disability to:
(A) Participate fully in a program;
(B) Take advantage of a service;
(C) Live in a dwelling; or
(D) Use and enjoy a dwelling.
(6) Requestor--Includes applicants, members of the
public, clients of Department programs, program participants, or their
representatives.
(7) Section 504--Section 504 of the Rehabilitation
Act of 1973, as amended.
(c) Procedures.
(1) The Requestor of the Reasonable Accommodation shall
submit a request to the Division Manager or Director or their designee.
A request does not have to be in writing. A request can be made in
a face-to-face conversation with a Division Manager or Director or
their designee, or using any other method of communication. A request
is any communication in which an individual clearly asks or states
that they need the Department to provide or to change something because
of a Disability.
(2) The request, whether oral or written, must contain,
at minimum:
(A) The Department program or procedure for which an
accommodation is being requested;
(B) Household information to include name, address,
phone number and email address, if available;
(C) Description of the Reasonable Accommodation being
requested; and
(D) Reason the Reasonable Accommodation is necessary.
(E) In the case of oral requests, the Division Manager
or Director will create a written summary of the request.
(3) The Division Director may coordinate with the Department's
Fair Housing subject matter experts as needed. The supervising Director
may ask for additional information from the Requestor. Staff should
address Reasonable Accommodations requests promptly. If making the
requested Reasonable Accommodation would require the Department to
incur an expense, the Division Director will first confirm that the
Reasonable Accommodation expense will not cause the Division to exceed
their approved budget or, if additional measures beyond those within
budget are required, that they are promptly considered and a compliant
decision made. Upon having the applicable information, the Division
Director or Manager and Fair Housing subject matter experts, as needed,
will determine:
(A) If the proposed Reasonable Accommodation is covered
under Section 504 and/or the Fair Housing Act, or any other federal
or state law; and
(B) Whether to approve the request, or recommend to
the Executive Director an alternative Reasonable Accommodation or
denial. Any approval that would require Board action will first be
presented to the Executive Director.
(4) If not approved as requested or if the approval
requires Board action, the request and recommendation will then be
sent to the Executive Director or their designee, resulting in one
of the following steps:
(A) The Executive Director adopts an alternative Reasonable
Accommodation to the Requestor;
(B) The Executive Director concurs that Board action
is necessary and presents the request and recommendation at an ensuing
Board meeting. The Executive Director can choose to include a recommendation
for or against the request; or
(C) The Executive Director denies the request. In the
case of a denial, the Requestor can ask that their request be placed
on the agenda for the next available Board meeting for a final Board
determination.
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