Maintaining Access for Residents with Disabilities

This document is intended for housing providers to understand their obligations to ensure access for disabled residents under the Americans with Disabilities Act (ADA) and state and federal fair housing laws. This document will cover the steps housing providers should take when there is an elevator outage as well as their obligations to respond to reasonable modification and accommodation requests from disabled residents.

When elevators go out of service due to planned projects or unexpected malfunctions, housing providers have the obligation to ensure that any residents with disabilities are provided with access to safe housing. The steps outlined below provide a framework for housing providers to incorporate when responding to and preparing for elevator outages.

• If there is an elevator outage, all residents must be informed of the outage as soon as possible. Since some people have physical or health limitations that may not be visible, all residents must be notified rather than only notifying those with previously known disabilities or limitations. 
• Individual notification must be provided to each resident directly, in a format and language that is accessible to them.
  • Resources on how to provide effective communication are available on the ADA website and on the Mayor’s Office on Disability website.

• Residents must be individually notified in a way that best suits any disability-related communication needs. 
  • For example, a blind or visually-impaired person cannot read a written notice printed on paper.  Email is a better alternative, so long as they have the needed technology that is accessible, or meeting with the person individually to read the notice to them is also appropriate, and then leaving the notice with them    . 
• The notification must include the following information:
  • If the outage is planned, the dates the elevator will be out of service
  • If the outage is unplanned, the timeline for repair, as soon as it is known.

If the outage will last 3 or more days, information on the reasonable modification process and options for temporary relocation to accommodate residents with disabilities

• If the elevator outage is occurring for 3 days or more, all residents must receive notification that residents who are unable to safely use stairs have the option to be temporarily relocated for the duration of the outage.
  • Residents considering relocation must be provided with at minimum, the following information:
  •  the street address and location of the unit (ground floor, 3rd floor, etc.)
  • building and unit features pertaining to accessibility (e.g., elevator access, wheelchair accessible entry into building, specific accessibility aspects of the unit that may be required such as an accessible bathroom or kitchen features and dimensions)so people with disabilities can adequately determine if they should relocate during the outage.
• Tenants who initially choose to stay in their unit can change their mind at any time, and chose to relocate.

• Onsite staff must conduct individual well-being checks every day the elevator is out of service.
• The property must provide runners to assist with errands.
  • Runners are staff members designated to assist people with disabilities with errands such as:
    • Picking up groceries, medicine, mail
    • Assisting with carrying things up/down the stairs
    • Doing laundry, if laundry facilities are on another floor
    • Providing access for guests/caregivers to get into the building
    • Other tasks the resident would ordinarily do themselves if the elevator were working
  • Information on how to request assistance from the runners must be provided to residents.
  • Runners must be available all days of the week and for at least 12 hours a day.
  • Runner services must be completed on a timely basis and at least on the same day that they are requested

• The property must confirm that an up-to-date emergency evacuation plan is in place.
• The property must have a plan to move tenants who have chosen to stay in the building, and are unable to use the stairs, in the event that they experience a personal emergency and need to be evacuated.
• The property must notify the Fire Department when the elevator is expected to be out of service for multiple days.  
  • Call (415) 558-3268 to notify Department of Emergency Management (DEM) to enter a Premise Hazard with details into the computer database. 
    1. All Emergency Responders will have this information when dispatched to the address
  • If 911 is phoned, the caller can reinforce premise hazards and where occupants may need assistance when elevator out of service.

•  The property must provide an initial individual notification to all residents regarding the elevator outage as mentioned in prior sections: Immediate Steps and Notification to Residents.
• During the outage representatives of management need to be accessible 24/7.
  • Contact information for all times should be provided to the residents.
• If the information is changed or updated tenants must be provided new information as soon as possible.

Residents with disabilities are entitled to reasonable accommodations and modification in housing to fully use and enjoy their housing. More information about reasonable accommodations and modifications can be found online per state and federal fair housing laws.

A reasonable accommodation in housing is a change in policies, rules, practices, or services that may be needed to give a person with a disability an equal opportunity to obtain, use, or enjoy a dwelling.

Examples include:

• Amending the lease to allow a person needing a 24-hour caregiver to have an extra person stay in the premises.
• Permitting an assistance animal in a no pets building.

• A resident’s request for an accommodation/modification should be considered when it is received.
  • A request may be made by the individual with a disability, a family member, or someone authorized to act on their behalf.
• A resident cannot be required to submit a request in writing or use specific words.
• A request can be made at any time.  
• If a person’s disability is obvious or readily apparent, or if the housing provider already has knowledge that the person is disabled, and the disability-related need for requested accommodation/modification is also apparent, then the housing provider may not request any additional information.
  • If the person’s disability is not known or apparent, the housing provider may request the following:
    • Information that is necessary to establish the person has a disability, the needed accommodation/modification
    • How the accommodation/modification is necessary for the individual to equally use and enjoy their dwelling
    • A housing provider assessing a request may not ask for information about the disabled person’s diagnosis or medical record.
    • There are multiple ways to establish that a person has a disability. Examples include:
      • documentation of receipt of disability benefits
      •  confirmation from a reliable third party who is in the position to know about the person’s disability can also provide confirmation.  
• Additional Resources
  • Joint Statement of HUD and DOJ on Reasonable Accommodations
  • Joint Statement of HUD and DOJ on Reasonable Modifications
  • Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs

A request can be denied for the following reasons:

• The individual making the request is not an individual with a disability.
• There is no disability-related need for the requested modification/accommodation
• The requested accommodation/modification would be a fundamental alteration to the housing provider’s services or operation.
• The requested accommodation/modification would impose an undue financial and administrative burden on the housing provider
• The accommodation/modification would be a direct threat to health and safety of others or cause substantial physical damage to the property.

If the housing provider cannot immediately grant a requested accommodation/modification they are required to engage in an interactive process with the resident to identify and implement an accommodation/modification that meets the needs of the resident and allows them an equal opportunity to use and enjoy their housing.

More information about the Interactive Process can be found in the California Fair Employment & Housing Council Fair Housing Regulations.

The housing provider is required to promptly respond to reasonable accommodation/modification requests.  An undue delay in responding to a reasonable accommodation/modification request may be considered a denial of the request.

• For more information about this guidance or ensuring access for people with disabilities, contact the Mayor’s Office on Disability.
  • Website:     Mayor's Office on Disability | San Francisco (sf.gov)
  • MOD Email: mod@sfgov.org
  • MOD Main Phone: 415-554-6789