If a resident requests that the property swimming pool stay open to accommodate their water therapy, is that considered a reasonable accommodation? Property owner closes the pool after labor day in order to stop paying the monthly contact cleaning and maintenance fees.
To fully change business operations is not reasonable. Hard to use the “expense” card because they can then pay for use if they want. The other challenge is all the residents will want to go swimming.
With that said, a few weeks while they find another venue is a kind gesture. YMCA is always available.
If it's still consistently warm in your area keeping it open a few more weeks is a kind gesture to all of the residents. How long does she want it to stay open for?
Miles Scruggs - Right On! I’ve asked residents to donate the funds to a charity of our choice. I took the expense write-down. I’ve provided humanitarian services for disabled people, they agreed to pay - I took it to a different direction.
I always say if someone asks, have them fill out the form regardless so you can say you honored their request. Send it to your legal counsel, or whomever makes those decisions and then provide the answer.
Depending on the funding of the property, the owner might have to pay for the resident's access to a pool at the YMCA, city, or spa. Those memberships are reasonable compared to the expenses of a lawsuit. Building a pool onsite could be an undue financial burden.
1 year 3 months ago#641588by Deborah Clemmons-Miller
Our position is that any accommodation that can be solved with money alone, with no negative impact to other residents,is inherently reasonable. Expecting the owner to foot the bill isn’t reasonable. That seems to clarify a lot of requests like these and allows you to say yes!
The best thing you can do is accept the request then turn it over to the owners and their Lawyers then provide the resident their response. Anything short of that will just get you in possible legal trouble
RA’s should always follow up with alternatives, assuming the attorneys agree this is unreasonable for many reasons, including quiet and unmonitored hours to maintain the community. Even if that means to break a lease to move somewhere with 24 hr pool access.