Section 910 IAC 2-3-5 - Reasonable accommodationsAuthority: IC 22-9.5-4-2
Affected: IC 22-9.5
Sec. 5.
(a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.(b) The application of subsection (a) may be illustrated by the following examples:(1) A blind applicant for rental housing wants to live in a dwelling unit with a dog guide. The building has a no pets policy. It is a violation of this section for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a dog guide because, without the dog guide, the blind person will not have an equal opportunity to use and enjoy a dwelling.(2) Progress Gardens is a three hundred (300) unit apartment complex with four hundred fifty (450) parking spaces which are available to tenants and guests of Progress Gardens on a first come first served basis. John applies for housing in Progress Gardens. John is mobility impaired and unable to walk more than a short distance and therefore requests that a parking space near his unit be reserved for him so he will not have to walk very far to get to his apartment. It is a violation of this section for the owner or manager of Progress Gardens to refuse to make this accommodation. Without a reserved space, John might be unable to live in Progress Gardens at all or, when he has to park in a space far from his unit, might have great difficulty getting from his car to his apartment unit. The accommodation therefore is necessary to afford John an equal opportunity to use and enjoy a dwelling. The accommodation is reasonable because it is feasible and practical under the circumstance.Civil Rights Commission; 910 IAC 2-3-5; filed Aug 20, 1993, 5:00 p.m.: 17 IR 20; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA