2546.1 If necessary for a qualified person with a disability to have access to covered services, programs, or activities, the Department, its contractors and grantees shall provide reasonable modification of shelter and supportive housing policies, practices, or procedures to avoid discrimination unless the responsible entity demonstrates that the modification would fundamentally alter the nature of the services.

2546.2 For purposes of subsections 2545-2549, a reasonable modification is a change, modification, alteration, or adaptation in a policy, procedure, practice, program, or facility that provides a person with a disability the opportunity to participate in, or benefit from, a service, program, or activity.

2546.3 To receive a reasonable modification, an applicant or recipient of services or an authorized representative may make a request to the Provider of services, according to that Provider's reasonable modification policy and procedures.

2546.4 An applicant or recipient of services, or an authorized representative, has the right to file a complaint with the Department as set forth in section 2547. In lieu of, or in addition to filing a complaint with the ADA Coordinator, an applicant or recipient of services, or authorized representative has the right to file a grievance directly with the Provider, to appeal a denial of a reasonable modification request through the fair hearing process set forth in section 2550, or pursue any other remedies available to the person through any other Federal or District law.

SOURCE: Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7494 (August 19, 2011).