Most types of reasonable accommodations for porting should be approved if properly documented.
However, requesting an exception to the 12 month residency requirement (“You must live here for 12 months first”) is a little different. Sometimes it is approved, sometimes it is denied.
Here’s the letter that helped Alder’s request an exception:
Dear Such and Such Housing Authority,
I am writing to request a reasonable accommodation for an exception to porting policies. I am requesting an exception to the rule which requires one year of residency prior to being allowed to port.
REQUEST FOR REASONABLE ACCOMMODATION AS A PERSON WITH DISABILITIES
I have a disability which makes me unable to live independently without specialized services. I am currently enrolled in a home care program called (name here).
Since submitting my initial application to your Housing Authority, I have discovered that the waiting list for home care services in your area is more than one year long. This would leave me without necessary services and supports for an entire year.
I am attaching a letter from my doctor confirming that losing services for a year would create an imminent health risk and put me at risk for malnutrition, dehydration, medical instability and nursing home placement.
In addition, I am attaching a letter from my caseworker confirming that these services have been deemed medically-necessary by Medicaid and moving to this new location would cause a significant lapse in services placing me at safety and health risk.
In addition, since I submitted my initial application, my condition has substantially worsened. I am reliant on the assistance of family members who live in my current location. I have also established relationships with numerous providers both medical and therapeutic in this area. It has taken years for me to get the medical coverage needed and to establish relationships with providers so that I am able to maintain my current level stability and care.
My doctor’s letter also confirms that continuity of care with the current providers I have in place are necessary for me to remain medically stable.
If I would be required to move into this housing authority’s jurisdiction for the one year period, I would lose all needed medical and support services, as well as the regular assistance with activities of daily living that I receive from my family.
Without this reasonable accommodation, it would be virtually impossible for me to have equal access to the housing choice voucher program. Moving to another location would not have the supports and services needed to allow me to continue living independently in the community.
In reviewing my request, please consider all reasonable accommodation policies which may apply. Including policies from HUD, the Fair Housing Act and Section 504 of the Rehabilitation Act, and these policies from the HUD Housing Choice Voucher Guidebook, chapter on Moves and Portability:
- PHAs must consider requests for reasonable accommodations that may be necessary for an individual with a disability to use and enjoy a dwelling or participate in or benefit from the program (in accordance with the Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act and HUD’s implementing regulations at 24 CFR 100.204, 24 CFR 8.33, and 28 CFR parts 35 and 36.). An individual with a disability can request a reasonable accommodation to any rules, policies, practices or services at any time.
- A reasonable accommodation may arise, for example, when a request to move is due to a disability of a family member. This provision applies even if a family might otherwise be restricted from moving.
- In cases where the limitation on portability is a discretionary policy of the PHA, the PHA must grant the accommodation unless doing so would impose an undue financial and administrative burden to the PHA.
In addition, Notice PIH 2016 – 09 states that denying nonresident applicants the right to move under portability for 12 months is a “Discretionary Denial” and that “Initial PHAs may allow the move before the end of this 12 month period.”
THIRD PARTY VERIFICATIONS
I am attaching a third-party verification letters from both my doctor and my caseworker.
I am requesting this accommodation so that I will have equal opportunity to participate in your housing program. This accommodation is necessary to meet my disability needs.
Please provide me with a written decision on my accommodation request.
Thanks for Reading
🌸 Here’s where you can find more about Sample Letters for Moving or Porting Your Voucher
🌸 Learn More: The Sleepy Girl Affordable Housing Survival Guide
🌸 Facebook group for people with disabilities and family members: Disability Support & Self Advocacy in HUD & Section 8 Housing
🌸 Page Updated: 1/10/20
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