1. (a) Purpose. The purpose of this section is to establish the procedures by which a Requestor may ask that a Reasonable Accommodation is made by the Department.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Board--Texas Department of Housing and Community Affairs Governing Board.
   2. (2) Director--Department staff member supervising the division containing the program for which a Reasonable Accommodation is being requested.
   3. (3) Disability--A physical or mental impairment that substantially limits one or more major life activities; or having a record of such an impairment; or being regarded as having such an impairment. Included in this meaning is the term handicap as defined in the Fair Housing Act or as defined by other applicable federal or state law.
   4. (4) Fair Housing Act--Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act of 1968.

   5. (5) Reasonable Accommodation--An accommodation and/or modification that is an alteration, change, exception, or adjustment to a program, service, building, dwelling unit, that will allow a qualified person with a Disability to:

      1. (A) Participate fully in a program;
      2. (B) Take advantage of a service;
      3. (C) Live in a dwelling; or
      4. (D) Use and enjoy a dwelling.
   6. (6) Requestor--Includes applicants, members of the public, clients of Department programs, and program participants.
   7. (7) Section 504--Section 504 of the Rehabilitation Act of 1973, as amended.

3. (c) Procedures.

   1. (1) The Requestor of the Reasonable Accommodation shall submit a written request to the Director.

   2. (2) The request will contain, at minimum:

      1. (A) Department program;

      2. (B) Household information;

         1. (i) name; and
         2. (ii) address;
      3. (C) Description of the Reasonable Accommodation being requested; and
      4. (D) Reason the Reasonable Accommodation is necessary.

   3. (3) The Director and the supervising Deputy Executive Director/Chief, if any, may ask for additional information from the Requestor to determine:

      1. (A) If the proposed Reasonable Accommodation is covered under §504 and/or the Fair Housing Act or any other federal or state law; and
      2. (B) Whether they will recommend approval, recommendation of an alternative Reasonable Accommodation, or denial to the Executive Director.

   4. (4) The request is then sent to the Executive Director or their designee, resulting in one of the following steps:

      1. (A) The Executive Director determines Board action is not necessary and approves the request;
      2. (B) The Executive Director proposes an alternative Reasonable Accommodation to the Requestor;
      3. (C) The Executive Director determines Board action is necessary and presents the request and any proposed alternative Reasonable Accommodation at an ensuing Board meeting. The Executive Director can choose to include a recommendation for or against the request;
      4. (D) The Executive Director refers the request to the Department's Dispute Resolution Coordinator for an Alternative Dispute Resolution procedure as outlined in 10 TAC §1.17; or
      5. (E) The Executive Director denies the request. The Requestor can ask that their request be placed on the agenda for the next available Board meeting.

Source Note:The provisions of this §1.1 adopted to be effective April 14, 2014, 39 TexReg 2845.