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Reasonable Accommodation
A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.
A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to the interiors and exteriors of dwellings and to common and public use areas.
The Housing Opportunities Commission (HOC) of Montgomery County refers to all categories of reasonable accommodations and reasonable modifications jointly as simply reasonable accommodations. In so doing, HOC affirms its commitment to assuring equal access to its services, programs and activities for persons with disabilities.
It is HOC’s policy to provide reasonable accommodation to a qualified person with a disability. If an individual with a disability requires an accommodation, such as an accessible feature added to a unit or an exception or modification to an HOC policy, the HOC will provide the accommodation as long as it will not result in a fundamental alteration in the nature of the program or an undue financial burden to HOC. In all situations, HOC staff will work with the program participant to discuss available options so that some, if not all, disability-related needs may be met so that disabled individuals can participate in the intended programming.
How to make a request
A resident or applicant household member with a disability must request the specific change to a policy or unit as an accommodation of his/her disability by completing HOC’s Request for Reasonable Accommodation form. The form can be found here.
The person making the request must certify (if apparent) or verify (if not apparent) that they are a person with a disability under the Americans with Disabilities Act (ADA) definition, as follows:
- Individuals with a physical or mental impairment that substantially limits one or more major life activities;
- Individuals who are regarded as having such an impairment; or
- Individuals with a record of such an impairment.
(Note: This is not the same as the HUD definition used for purposes of determining allowances.)
Once HOC confirms a person’s status as a qualified individual with a disability, the individual must provide the health provider verification of the relationship (nexus) between the requested accommodation and the individual’s disability. For this purpose, a health provider is a medical doctor, social worker, therapist, caseworker, or some other third-party health provider. This individual is familiar with the individual for whom the request is submitted and can provide written verification that the individual needs the specific accommodation(s).
If HOC finds that the requested accommodation creates an undue administrative and/or financial burden, HOC will either deny the request or present an alternate accommodation that will still meet the needs of the disabled individual. An undue administrative burden is one that requires a fundamental alteration of the essential functions of HOC (e.g., waiving a family obligation). An undue financial burden considers the available resources of the HOC as a whole, where the requested accommodation would impose a severe financial hardship on HOC.
HOC will provide a written decision to the individual requesting the accommodation within 45 days of receipt of the request, provided that the request is complete. Incomplete requests will take longer to process, depending on the information lacking at the time of initial submission. If a person is denied the accommodation requested or feels that the alternative suggestions are inadequate, they may request an informal hearing to appeal HOC’s decision.
Frequently Asked Questions
How do I request a reasonable accommodation?
As an applicant or resident, you may request reasonable accommodation for yourself or a current member of your household by completing the form below or by visiting any HOC customer service center. Completed forms are returned to HOC using the following contact information:
| Mail: | Compliance Division Housing Opportunities Commission 10400 Detrick Avenue Kensington, MD |
| Fasimile: | 301.949.1433 |
| Email: | RAinbox@hocmc.org |
I have an approved disability under the Americans with Disability Act, but HOC denied my reasonable accommodation request. How was this determined?
Reasons for which HOC may deny such requests include, but are not limited to the following:
- If the relationship (nexus) between the requested accommodation and the individual’s disability is not obvious, and there is not sufficient third-party health verification to otherwise demonstrate the relationship.
- Even with the required nexus, if the requested reasonable accommodation constitutes a fundamental alteration in HOC’s programs or activities, HOC will deny the request.
- Even with the required nexus, if the requested accommodation creates an undue financial and administrative burden for HOC, HOC will deny the request.
What is the timeframe in which HOC will review and then approve or deny a reasonable accommodation?
HOC’s time frame to approve or deny a complete reasonable accommodation request is 45 days.
What are some examples of typical reasonable accommodations?
- Making a unit, part of a unit, or public and common use element accessible for a household member with a disability who is on the lease
- Permitting a family to have a service or assistance animal necessary to assist a family member with a disability, and waiving any pet fees
- Permitting a disabled household member to engage the services of a live-in aide who will reside in an appropriately sized unit
- Transferring a resident to a larger size unit to provide a separate bedroom for a person with a disability
- Transferring a resident to a unit on a lower level or to a unit that is completely on one level
- Making documents available in large type or Braille
- Providing qualified sign language interpreters for applicant and/or resident meetings with HOC staff or at resident meetings
- Installing strobe type flashing lights and other similar equipment for a family member with a hearing impairment
- Permitting requests for extensions of Housing Choice Vouchers if there is a disability-related reason for the extension
What if I cannot make the reasonable accommodation request myself?
Reasonable accommodations are also made for a person with a disability who requires an advocate or accessible offices. A designee is allowed to provide some information, but only with the permission of the person with the disability. We ask that you provide the name and contact information of the designee who provided assistance.
Additional Questions
The Housing Opportunities Commission of Montgomery County (HOC) is the county’s largest provider of high-quality, amenity-rich, affordable housing for low- and moderate-income households. As Montgomery County, Maryland’s designated Public Housing Authority (PHA) and Housing Finance Agency (HFA), HOC serves more than 20,000 Montgomery County households through a variety of innovative housing programs. HOC owns more than 9,400 apartments, townhomes and single-family home rental properties and leases or administers another 7,400 properties that provide affordable housing. We provide rental assistance to more than 8,000 low-income households through the Housing Choice Voucher (HCV) program and an additional 1,600 households through other types of subsidized housing programs. HOC also has financed more than 3,400 privately-owned multi-family buildings and helped more than 2,000 households purchase a home through the homeownership and mortgage program. HOC also maintains a pipeline for expanding and redeveloping its own housing portfolio into the future.
Administering federal, state, county and private affordable housing programs, HOC develops housing, provides mortgage financing to developers and first-time homebuyers, manages rental units, administers rental subsidy programs (including the Housing Choice Voucher Program) and provides counseling and support services to lower income individuals and families in assisted housing.
HOC is governed by seven volunteer commissioners who are appointed by the County Executive to serve five-year terms and confirmed by the County Council. The Commission usually meets on the first Wednesday of each month.
HOC’s main office is in Kensington. We also have offices in Gaithersburg, Derwood and Silver Spring, as well as many individual property management offices located in our developments across the County.
Kensington – Main Office
10400 Detrick Avenue, Kensington, MD 20895
240.627.9400
The following departments are located in the Kensington Main Office:
- HOC Commission
- President/Executive Director
- Human Resources
- Housing Resources
- Public Affairs
- Government Affairs
- Real Estate Development
- Mortgage Finance
- Information Technology
- Resident Services
- Finance
East Deer Park Office
231 East Deer Park Drive, Gaithersburg, MD 20877
240.627.9400
The East Deer Park office handles property management and maintenance for all scattered site HOC properties, resident services for scattered sites and emergency services for HOC residents living in upper Montgomery County.
Derwood Service Center
16105 Columbus Avenue, Derwood, MD 20855
240.627.9400
The service center provides walk-in service for clients participating in HOC programs. Staff from Housing Resources and Resident Services are available to assist with routine paperwork and emergency assistance.
Silver Spring Service Center
880 Bonifant Street, Silver Spring, MD 20910
240.627.9400
The service center provides walk-in service for clients participating in HOC programs. Staff from Housing Resources and Resident Services are available to assist with routine paperwork and emergency assistance.
Housing Choice Voucher (HVC) Program
Formerly known as Section 8, the federal HVC program provides rental subsidies to income-eligible households. Applicants receive a voucher that entitles them to rent an apartment in the private marketplace while limiting their rental payment to 30-40 percent of their adjusted income. HOC pays the landlord the remaining portion of the rent. The maximum amounts that HOC can pay are determined by the U.S. Department of Housing and Urban Development (HUD). To apply to this program go to: www.hochousingpath.com.
Section 236 Housing
Residents pay either a basic rent or 30 percent of income, whichever is higher. Because of the basic rent requirement, these properties assist those of moderate income, rather than very low income. HOC manages Bauer Park and Town Center for the elderly and Georgian Court, Stewartown Homes and The Willows for families.
Section 8 New Construction
HUD contracted with some builders to build properties that have HVC (formerly Section 8) subsidies that are attached to the individual units. These are known as “project-based.” HOC owns three such properties: Magruder’s Discovery, Paint Branch, and Shady Grove Apartments.
Opportunity Housing
This is a non-technical term that HOC uses for its broad range of non-federally subsidized housing types owned by HOC and located throughout the County. They may be multifamily developments or scattered sites. Usually, they serve lower or moderate income people, rather than those of very low income. Some of HOC’s multifamily Opportunity Housing developments are Chevy Chase Lake, Fairfax Court, Greenhills, Pooks Hill Tower, Sligo Hills and Tanglewood.
Mixed Income Properties
HOC is a national leader in the development of mixed income housing, a type of Opportunity Housing that includes market rate and affordable units in the same development. The rents for the market rate units, which may include either moderate- or high-end luxury homes, subsidize lower rents for the affordable units.
HOC’s mixed income portfolio includes moderate mixed income developments such as The Barclay, The Glen, The Oaks at Four Corners, Montgomery Arms and Spring Gardens as and high-end, mixed income developments including MetroPointe, Alexander House, The Metropolitan, Pooks Hill Mid-Rise, Strathmore Court, Timberlawn Crescent and Westwood Tower.
Low Income Housing Tax Credit Partnerships
The federal government makes tax credits available to be used to fund affordable housing. Investors, typically local businesses, purchase those tax credits, which can lower their tax burden. By purchasing those tax credits they enter into a partnership with HOC to purchase housing that is rented to moderate income households. HOC manages hundreds of scattered site units that were funded this way, as well as Manchester Manor and Pond Ridge multifamily developments.
Scattered Sites
HOC owns approximately 1,600 individual homes located throughout Montgomery County, which we define as “scattered sites.” Most often, they are townhouses that HOC purchased through the Moderately Priced Dwelling Unit (MPDU) program operated by Montgomery County. The MPDU law requires that any development of over 50 units must include about 12-15 percent moderately priced units. One-third of these are offered for sale to HOC. Over the years, HOC has acquired such units using funding from public housing, the State Partnership Rental Housing Program, Low Income Housing Tax Credits, the McHome program and other sources.
Rent Supplement Program
This is a County-funded program in privately owned rental properties that provides a shallow rental subsidy of $250 to $350 per month to working poor households. The program is administered by the individual properties and monitored by HOC. For more information, call 240.627.9735.
Supportive Housing Program
This program provides subsidized housing, case management and intensive services to 170 previously homeless households in nine different programs funded by Montgomery County and HUD. Seventy-five percent of the units provide permanent housing for adults with disabilities. The remaining 25 percent are transitional units for families who remain in the program for up to two years. Households must be homeless and have been utilizing services through Montgomery County before they are eligible to be referred for the program. For more information, call 240.627.9704.
HOC offers a wide array of programs to support and enrich the lives of our residents, including:
Core Counseling Services
Resident Counselors are assigned to a variety of HOC buildings, including multifamily and scattered sites, elderly and family units, other scattered sites and selected multifamily properties and the Housing Choice Voucher (HCV) program. Counselors provide crisis intervention, complaint resolution, information and referral and counseling with the goal of helping residents retain their housing, maximize potential and increase self-sufficiency.
Emergency Assistance
HOC staff provide our residents with emergency assistance such as eviction prevention and utility disconnect prevention. For more information call 240.627.9400.
Family Self-Sufficiency Program (FSS)
The FSS program assists families in public housing and the Housing Choice Voucher (HCV) programs to achieve self-sufficiency over a five- to seven-year period and to end dependency on all public benefits such as welfare, food stamps, medical assistance and child care subsidies. For more information call 240.627.9781.
Fatherhood Initiative Program
The HOC Fatherhood Initiative Program strengthens families by strengthening fathers. HOC is the first and only public housing authority in the country to receive funding from the U.S. Department of Health and Human Services Fatherhood programs. Since 2016, approximately 1,300 fathers have successfully completed the program, gaining education, training and access to employment opportunities, significantly developing their parenting skills and building supportive bonds with other fathers. Click here to learn more.
HOC Academy (HOCA)
The HOCA connects – in one place – all Housing Opportunities Commission (HOC) services/linkages in adult education, workforce development programs, small business development, counseling resources for adults and several enrichment programs for children of all ages. HOCA implements programs that empower our customers to pursue opportunities that help to improve their quality of life and overall self-sufficiency. For more information contact AEWD@hocmc.org.
Services to People with Disabilities
This program has the mission of improving HOC’s service to people with disabilities in a manner that is practical, cost-effective and in compliance with pertinent laws and regulations. For more information, please call 240.627.9705.
Housing Counseling Program
The State-funded Housing Counseling Program assists low-income families or single individuals who are homeless (or in imminent danger of becoming homeless) to locate, secure and maintain permanent housing. Clients must be referred by a case manager from a County service provider and must have either a subsidy or enough income to afford market rate housing. For more information, please call 240.627.9735.
Volunteer Program
The Housing Opportunities Commission enhances its programs through the recruitment and placement of volunteers. The program also seeks donations of resources and services. Please call 240.627.9731 for additional information.
HOC’s success in executing on new construction, renovation, and preservation initiatives are made possible by our ability to provide mortgage financing to HOC’s developments through our role as Montgomery County’s designated Housing Finance Agency. In addition to our own portfolio, HOC is authorized to provide low-interest mortgage financing to private and non-profit developers by issuing tax-exempt bonds. A percentage of these units is set aside for low and moderate-income households. Click here for more information.