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Presentation, discussion, and possible action on a request for reasonable accommodation under the Section 8 Housing Choice Voucher Program
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RECOMMENDED ACTION
recommendation
WHEREAS, the Department administers the Section 8 Housing Choice Voucher (HCV) Program which is subject to the requirements of the Americans with Disabilities Act, Section 504 of the 1973 Rehabilitation Act (Section 504) and the Fair Housing Act;
WHEREAS, 10 TAC §1.1, related to Reasonable Accommodation Requests to the Department, outlines the Department’s obligations and procedures for review and processing of Reasonable Accommodation requests submitted for the HCV Program;
WHEREAS, the Department originally received a Reasonable Accommodation request from a participant in the HCV Program in 2021 and granted their request; the Department then received an additional Reasonable Accommodation request from that same participant on April 9, 2025, seeking to amend their existing Reasonable Accommodation;
WHEREAS, the request was reviewed in accordance with 10 TAC §1.1, and staff determined that the requested accommodations were not reasonable and the new request was denied;
WHEREAS, 10 TAC §1.1(c)(4) permits the Requestor to ask that their request be placed on the Board agenda for a final Board determination, and the Requestor has asked for this action; and
WHEREAS, staff recommends denial of this new request, while maintaining the original Reasonable Accommodation granted for the tenant in 2021;
NOW, therefore, it is hereby
RESOLVED, the Board upholds the Executive Director’s decision to deny the new Reasonable Accommodation request submitted by the tenant, and confirms the existing Reasonable Accommodation will continue for the foreseeable future.
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BACKGROUND
The Department is required to administer its HCV Program in accordance with the requirements of the Americans with Disabilities Act, Section 504 of the 1973 Rehabilitation Act (Section 504) and the Fair Housing Act (collectively, Fair Housing Requirements). Tenants participating in the HCV Program may request a Reasonable Accommodation that modifies a rule, policy, or procedure if the accommodation would allow a person with a Disability to participate fully in a program, take advantage of a service, live in a dwelling, and/or use and enjoy a dwelling. The Department has codified its procedures for receipt, review, and processing of Reasonable Accommodation requests made to the Department in 10 TAC §1.1.
On March 21, 2021, the Department granted a reasonable accommodation for one of our Section 8 Housing Choice Voucher holders. This tenant, who is a person with a Disability, is a single member of the household. In response to the request at the time, the tenant was granted a Reasonable Accommodation to increase their voucher size from a one-bedroom to a two-bedroom to obtain and maintain housing suitable for their disability, and which includes:
• ADA accessibility features, especially bathroom facilities, doorways, and walkways.
• Space for storage and use of medical equipment and tools for activities of daily living.
• Features to minimize lifting, carrying, and travelling, excessive exertion, and stress.
• Features to gain access to people, special supports, and helpers.
• Space to accommodate helpers on an as needed basis.
• A peaceful, quiet, solitary environment.
The tenant ultimately selected a four-bedroom single family home and has been residing in this unit with their two-bedroom voucher. Although the tenant’s voucher is for a two-bedroom unit, the program allows households to select a larger unit size, with the understanding that they will be assisted as if they have rented a home in which the unit size does not exceed the voucher size and that the amount of the voucher will not be increased.
On April 9, 2025, the Department received a new Reasonable Accommodation request from this tenant. The tenant, still a single person household, requested that their voucher be increased from a two-bedroom to a four-bedroom in response to the home’s owner increasing the rent a significant amount. To approve such a request, the request must be determined to be a reasonable and necessary accommodation for a disability related reason. The tenant responded, indicating that they needed the extra bedrooms for:
• Storing and accessing medical equipment and records,
• Perform physical therapies,
• Avoiding impediments to egress and ingress when accessing records, equipment, or doing therapies,
• Space to store furniture,
• Ability to lay down on demand, and
• Space for therapists or transportation services to bring whatever equipment in that they need.
An April 3, 2025, a letter from the tenant’s medical provider indicated that they needed the following features:
• Private bathroom facilities “of size, layout, and features” that allow the tenant to perform their physical therapies,
• Single floor home on a ground level,
• Attached parking,
• Larger than average individual rooms,
• Wide doors and halls,
• In unit laundry,
• Space for overnight helpers when necessary, and
• Space for storing medical equipment, medications, and records.
After staff requested clarification on the need for additional bedrooms specifically, the tenant stated that the additional bedrooms are needed for:
• Storage of medical equipment and medically necessary related supplies.
• Storage and utilization of medical records.
• Space to perform therapeutic procedures that require open space and privacy, and for overnight helpers as needed.
It should be noted that these needs are not materially different than the needs from the tenant’s original 2021 Reasonable Accommodation request. The documentation from the medical provider did not state that additional bedrooms are required; all of the needs noted above for additional space are satisfied with the existing two-bedroom voucher. The ability to store medical records and equipment does not necessitate a bedroom. The tenant does not have a live-in aid, so permanent sleeping quarters for occasional assistance on as-needed basis does not require a dedicated sleeping room.
The household states that there are insufficient ADA accessible units in their area; however, they did not provide any documentation to support this assertion. TDHCA has 16 affordable properties in the county in which the tenant currently resides that contain accessible, affordable two-bedroom units.
The request was reviewed by staff and denied by the Executive Director. Notice of this denial was sent to the tenant, and they have requested that the Board make a final determination of the request in accordance with 10 TAC §1.1(c)(4)(C). Staff has conferred with the San Antonio HUD Field Office, and the Acting Division Director overseeing the Section 8 Program for HUD has confirmed that denial of this request does not conflict with HUD regulations. Staff recommends denial of the new Reasonable Accommodation request for a four-bedroom voucher as documentation received does not support a disability related reason for the single member household to receive a four-bedroom voucher or an exception payment standard for their existing two-bedroom voucher. It should be emphasized that the household would retain their existing Reasonable Accommodation allowing for their two-bedroom voucher utilizing the payment standard adopted for the HCV Program.