Topic: I have a resident requesting an accommodation due to disability to be present while scheduled maintenance is performed.

I have a resident requesting an accommodation due to disability to be present while scheduled maintenance is performed. She claims it is discrimination if we do not accommodate this. She has been informed that maintenance is scheduled for her building between 9 AM and 12 PM on Thursday but she would like it done earlier while she is home.

Consult your company’s lawyer. How does the accommodation relate to her disability? You can reschedule maintenance in the unit for another day that resident can be present during bussiness hours. In my understanding it is not a reasonable accommodation if you have to pay overtime and have maintenance/vendors work after or before hours to accommodate a request as you would be incurring costs associated with the accommodation.

Also is it routine maintenance? Preventative maintenance? A mandatory inspection? Or emergency maintenance? All of that should be taking place according to your lease agreement terms.

preventative.

I would reschedule it to a day during business hours in which resident can be present.

We have residents fill out a reasonable accommodation form

what state? have them complete a request for accommodation.

Louisiana

Definitely involve legal counsel and inform leadership before saying no.
What time is she wanting them to be there? If 8 or 8:30 and they start at 9 it doesn’t seem to be that unreasonable to adjust one maintenance team member’s schedule for that one day.
However, how does such a request directly relate to her disability? Her disability doesn’t automatically mean all requests must be accommodated. There needs to. Be a direct link to her needs. This is a tricky question so get advice on how to ask without prying into her actual disability.

Can you not just work to do it when she’s home? I don’t understand why you would need a lawyer for any of this - just accommodate her.

we have never received any documentation regarding a disability. She was demanding it be done today.

 does it really matter though? She wants to be home when you’re there - just reschedule it so she’s home when you’re there. As property managers we can easily choose to make our life easier by not fighting battles that don’t need to be thought. This feels like one of them.

 doesn’t it apply that if I make an accommodation for one I’d need to do it for all? I’m not scheduling 120 appointments to change AC filters.

20+years experience here- pick your battles. We do inspections every six months, I will have a handful with special requests. Not a big deal. Why not accommodate and stop worrying about how many more requests you will have. You may get a couple more - still no big deal. As a regional- did over 1200+ units and again, only a handful of “requests.” You may have pushed her buttons if they are already claiming disability.

The key word is “reasonable.” This sounds like an accommodation that reasonable and should be fulfilled.

She needs a 504 Reasonable Accommodation form. If her doc completes, you have to comply.

Technically she would need an approved RA on file. Otherwise, is it not possible to just work with her on this in the meantime?