Summary of the Situation

I am disabled due to a rare, extremely painful, progressive disease. I moved into an “accessible” low-income apartment managed and run by Denver Housing Authority (DHA) on September 24th, 2021. It was promised to be fully accessible and ADA (American's with Disabilities Act) compliant, and I had to qualify as a disabled person to live here. I also had to give up my section 8 housing voucher (and a privately owned apartment) to take the apartment because it has “different funding” as a disability apartment. They have many policies and procedures, as well as a few physical items that are inaccessible to me so I requested several reasonable accommodations over a 5 month period (It’s been almost 7 months now I have been dealing with it, I gave up when I realized they weren't even trying because it was having a terrible effect on my already precarious health.)

Their current reasonable accommodation process includes a 15 page form that requires way more personal and medical information than is necessary; which is against the law. I have submitted this form to them, completely filled out, signed by my primary care provider (she’s an RN), as well as submitted other documentation that I am disabled. I knew when I filled out the form that it was illegal, but it was what they required and I felt forced into it since it was what I needed to do to have my needs met and I have no other option for housing.

They are indirectly contending that I need to fill out that form and have it signed by my doctor for each instance I need an accommodation, no matter how minor the accommodation; this is also against the law (as I will demonstrate in this document). The are indirectly contending this, because this is the only time they honored any reasonable accommodation request.

Even the time I sent the official form in for my emotional support animal, following their “process” completely, it took them 6 months to process it; this is called constructive denial and is also against the law. Then they sent me an irrelevant excuse (the fact that I had also sent them the form 2 months earlier) and sent me an emotional support animal agreement 6 months after I moved in, that has several restrictive provisions.

I have sent letters that quote and link to the law, I have made phone calls, my aides, friend and family have also tried to call, I have tried asking them in person. I have sent many emails. I have explained it from every perspective. They are blatantly and knowingly breaking the laws repeatedly. I have copies of everything, They keep blaming it on the “new building” which can literally explain away none of it (you can read the violations below to see how relevant that is). They also keep saying to me and my aide that it “seems like” most of my requests are not related to my disability, despite the fact that I have clearly explained how they are related multiple times over the last 6 months.

At one point when I was still very naive about their intentions I sent a 10 page letter explaining disabilities and how DHA’s policies and practices were harmful to people with disabilities. They used this against me saying it was “too complicated” to address my requests. In response I simplified my request to the two most urgent RA requests that they had been ignoring, and then they said, “[your requests] keep changing” like the change had confused them, and never addressed those simplified requests either.

Then they said they would rather talk to my aide and told me they would send me recordings of the calls, I reluctantly agreed. They said a whole lot of incorrect and discriminatory things to him, and then used those calls as an excuse to ignore my reasonable accommodation requests (they only filled his requests, ignored mine, and then misquoted what he said) and then never sent me recordings of the calls.

I have filed a complaint with the U. S. Dep’t of Housing & Urban Development, Office of Fair Housing & Equal Opportunity. They did the initial investigation and found many violations and it is going on to a full investigation.They also recommended I file a complaint with another agency for some of the violations their agency doesn’t cover (lease clause violations for instance), but I do not have bandwidth to do that right now as the stress from this has thrown me into a never ending flare. The complaint and investigation process can take up to a year. I do not have legal support and it's been a very hard process trying to find the kind of support I need.

The stress of dealing with the discrimination, and the added burden of my needs not being met, is aggravating my rare disease, which is significant pain and suffering, and may even be causing my disease to progress more rapidly as stress is a known factor (and it has started to progress more rapidly).

Primary Issues Right at this Moment

Besides the lack of reasonable accomodations, the primary issues I have right now are; 1. I really needed a safe place to live long-term as my disease progressed, this was my last/only option and DHA has threatened to evict me multiple times since I moved in 7 months ago (so from my perspective this is not a safe place for me to live as my disease progresses since they might just fabricate a reason to evict me at any point). 2. I have no way to let in my emergency personelle or my second aide when I am unconscious or asleep. 3. I do not feel safe here since DHA is apparently targeting me. 4. The last letter I got from them said they would evict me if I ever need live-in care, which I am definitely going to need at some point, and when I asked them to clarify they never replied. 5. They said they would evict me if I didn't get the ESA agreement back to them within 30 days and I haven't been able to get it back to them (I can explain why.)

So on top of having to advocate for my landlord to follow the law, I am having to figure out how to get my entire set up of medical professionals and support system set up in a different state since this was the only option in Colorado close enough to all of my medical team, and the stress keeps thowing me into a flare and unable to do much.

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My Disability (in Relation to my Housing Requests)

I have a rare progressive disease that is known to be wildly painful, and causes extreme fatigue. The hallmark symptom of the disease is fatigue and pain that are exacerbated by even mild activity (so even walking 10 feet, or sitting up for 15 minutes in my wheelchair can trigger a severe pain flare), or stress. There is no treatment or cure. The disease has also caused a long list of comorbidities. I am 95% bedbound, I have a DNR (Do Not Resuscitate) a Medical Power of Attorney and am in palliative care. As my disease progresses I will need more and more care over time; I need a reasonable accommodation process that I can use going forward for as long as I live here, as my needs will increase and change over time. That is the nature of all progressive disease.

I am an ambulatory wheelchair user. I use a doctor-prescribed power wheelchair 100% of the time when outside of my apartment (including when I went to visit the DHA staff in their office) and a combination of the chair, (doctor prescribed) rollator, and being ambulatory inside my apartment. But I spend 95% of my time in a (doctor prescribed) hospital bed inside my apartment.

My disability is a “dynamic” disability, meaning some days I do better than others depending on my stress levels, medications, environment, care, flare ups, sleep quality, and sometimes it fluctuates for no perceivable reason at all. Some days I can walk fairly well for short distances, and some I can’t move.

I can not always be dependably conscious because I have multiple medical conditions that cause me to lose consciousness unpredictably, as well as extreme pain and fatigue that sometimes prevents me from being able to even move my arms and/or think. I also have multiple gastrointestinal diagnoses that make me vomit a lot. These all together mean I can not always answer my phone, even if something is pre-scheduled or very important.

Because of my illness, I cannot cope well with stress. Stress causes my pain and other symptoms to flare and when the stressor remains, the flare will quickly get out of control and can last for weeks, or even months. So while I might be able to hold a coherent conversation with someone who is understanding of my disability and slow pace, and is kind and calm with me, I can not do contentious phone calls or in-person conversations. They will often lead to severe pain and vomiting which is not conducive to me having a productive conversation, and for sure ensures I won’t remember it later. The fact that DHA is blatantly and knowingly breaking the law makes any conversation with them contentious.

I have cognitive symptoms related to my primary diagnosis that make it hard to keep up with conversations, remember important details (like dates or names) on command, and recall the conversation later. These effects are exacerbated when the conversation is stressful. I can communicate coherently, effectively, and efficiently in writing (please see this document as evidence). I need to be able to take the time I need to refer to notes or look up information, and I do much better if I can go back and read what was said again later to help me remember things and keep everything organized.

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My Select Medical/Disability related Housing Needs

Note: These are not all of my disability related housing needs, these are just the ones I am highlighting for this document.

Emotional Support Animal (ESA)

Like many disabled people, I have an emotional support animal. Because this is such a common need, I am not going to detail mine, but the problems at DHA. This has never been a problem in the past, and my past landlords did not require extra paperwork for it. Denver Housing Authority not only requires their own form to apply to have one, but even when I submitted it three times it took them 6 months from the second time I submitted it and then over a month from the third time I submitted it, to ”process” it and approve it.

Legally, an emotional support animal letter from a doctor should be all they need, and they are so standard that DHA shouldn’t need more than a few minutes to approve it. The longest I had a landlord take for this in the past was like an hour. Weeks or months to approve an ESA is excessive and not accessible (what are people supposed to do with their animals in the meantime? DHA doesn’t clarify this.) On top of that they have an additional ESA agreement you have to sign after they finally approve you, that has requirements that could be considered restrictive. They had that RA form for eight months in all, submitted three times, and were told several more times I have a support animal, and didn't send me the rules they have about support animals until I have already lived here with my cat for six months, way too late to make a decision about whether their policies are too restrictive for me to live here.

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Extra Time To Read The Lease

I needed time to read and sign the lease because they were requiring it all to be done on move-in day. I already knew moving day was going to be way too hard on me from exertion-related pain and fatigue; especially too hard to be coherent enough to read and understand a lease, but I also knew the time leading up to the move was going to be too much on me too, and wanted to make sure I could read everything at a time I was coherent enough to understand it (which likely means a little bit every day). I asked to get the lease two weeks in advance of my move-in date in order to accommodate this. They also required that I go to the office and sign it in person (when they have a whole agency exception for in-person forms for COVID) which is impossible for me to do and also be coherent for reasons that have been explained above (it's the same reasons I only have in-home doctors and palliative care.)

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Building Access/Door Code/Access for my Aides

I need good building access for a wide variety of reasons related to my disability. I need to be able to receive packages because I can’t leave my house to go shopping the way able bodied people can. The only way I can do any independent shopping is to shop online and get it shipped or delivered. My medical supplies provided by medicaid are shipped every month and have been stolen 2 out of the 4 months they were shipped here because I couldn’t get to them in the mail area fast enough. Even Amazon Fresh takes food stamps and used to be how I got 99% of my groceries. Losing the ability to receive deliveries and shipments has taken away a substantial amount of my independence and freedom. None of this would be a problem if I was able bodied.

I need to be able to let medical personnel into my apartment and building. I have in-home palliative care, in-home phlebotomy (blood tests), in-home scans (x-ray, ultrasound), physical therapy, mental health therapy (to cope with the illness and societal discrimination), in-home urgent care, and many other in-home services that are vital to my health and safety. I obviously only have all of this because I am ill, and getting to the door to open it for them is significantly more difficult for me (and sometimes impossible) than it is for an able bodied person.

I also have two in-home/community aides that help with things such as cleaning, food prep, laundry, shopping, medication management, health maintenance, and personal care (under the medicaid waiver program). I only have these because I am disabled. Just so this is communicated clearly; I do not have high turnover with my aides (for the last 5 years before this year it has been 0% every year) but even if I did I would need them to be able to access my building.

I particularly need access to the building for my aides and for urgent care if I am unconscious or asleep and can’t answer my phone; this part is a safety thing. But I also need ways to get packages, allow people in, and receive deliveries because of my disability that do not require me to be conscious and alert, let alone a great deal of effort which would cause a flare and other health consequences.

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Communication Via Email

In almost all cases, because of my cognitive issues and my body's response to stress, if a situation is contentious I need to communicate via email (vs. via phone or zoom). I need this in order to have a written record I can go back to, make sure I am coherent enough to understand what is said, have time to look up information they are asking of me, and control the stress it causes me. DHA has blatantly and repeatedly made this situation contentious, despite my repeated and exhaustive good faith attempts to get them to listen and follow the law.

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Future Needs

There are already things I am going to need but haven’t requested because DHA made the process impossible, burdensome, invasive, and stressful. Why would I bother since they have made it clear that they have no intention to accommodate reasonable requests or follow the law; it will just put me into a flare, and they won't even consider it.

Examples of Reasonable Accommodations I know are coming:

I am going to need some kind of parking access accommodation for my doctors and such while they are here for visits; it shouldn’t be a big deal because they’re only here during the day when the lot is empty, but the DHA process doesn’t have an option for this.

Another example; they have not cleaned the hall once since I moved in, including the construction dust from the new building (they blow it with a leafblower, which just moves the dirt around), which is setting off one of my comorbid illnesses, and is a terrible situation with wheelchair wheels picking it all up and tracking it into my house, the dirt on my wheelchair wheels is causing damage to their floor in my apartment, and the hall is way too big for me to clean it myself or ask my aide to do it.

Because my disease is progressive and I am only going to get worse, I need to know my apartment is safe, and the landlord will work with me in the future, at least up to and including what is required by the law

To be clear, I would not have moved in here if I knew they were not going to follow the ADA, not give my aides access, not help me get access to deliveries and packages, not give me access to my own urgent care, expect me to switch medical providers, and not accommodate me reasonably. It is bad for my health and a nightmare to think about for my future as my disease progresses. I gave up a voucher and a privately owned apartment for this one because they promised it was accessible and maybe I was naive about it but I took that to mean they had a reasonable accommodation process already in place and actually wanted disabled people to live here.

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Proving I’m Disabled Enough

Paperwork

I have sent them their 15 page reasonable accommodation form (completed and signed by my primary care) which details my disability way beyond what is allowed/required by law, an older letter from my old doctor saying I meet the definition of disabled under the ADA, my SSDI letter (proves I am too disabled to work in any capacity), and several months of my medical receipts. For the application for this apartment I also sent a letter from their own legal department saying they determined I meet the definition of disabled under the Act.

I almost didn’t fill out their Reasonable Accommodation form. I almost gave up just from looking at the form. It is way too long and way too personal. It is one of the things the HUD investigator included in the complaint because it asks for way too much personal and medical information; and there are protections for disabled people under the law for this because it creates a barrier (I wanted to protect my privacy, precious doctor time, and very limited energy; that is how it is a barrier for me personally).

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"Obvious or Otherwise Known" Disability

Because the law also covers "obvious or otherwise known" disability I feel it's also important to mention all of this: I also use a large power wheelchair that is very visible and I have used it every time I went into the office to talk to the housing employees, and all of their staff who have been in my apartment would have seen it as it's large and usually right near my front door (if I am not using it), and I have seen every one of the staff around the property while in it and they all acknowledged that they knew who I was (called me by name etc.). The unit I am in is a disability unit, as it has a wet bathroom with wheel up shower, grab bars, wheel up counters in the kitchen and bathroom, accessible light switches and outlets, and a few other features that were clearly built for wheelchair users and I was told the funding was for disabled tenants so I had to lose my voucher if I accepted it. I wouldn't even be in this apartment if I wasn't disabled. So anytime after my move-in date of 9/24/2021, my disability was "obvious and known."

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They've Known all Along

They've know I am disabled since before I was even pulled on the waitlist for the apartment, which is literally the reason that they approved me for the apartment in the first place. I have been vocal about my disability to everyone I talked to at DHA from months before I even moved in. I checked with Maja before we even discussed the application or lease to make sure that they would be able to accommodate me, I had submitted that long form to them months before, but I submitted it again right away again along with the apartment application, and explained how severely disabled I am in the email that I attached the application and form to, again.

I explained it to multiple people there in many different ways every chance I had via phone, email, in person, and form and particularly with my application because I am severely disabled and I need to make sure my needs get met because for me it's life and death. If they weren’t going to accommodate me for even basic things, even for my health and safety, they should have warned me before I gave up my voucher and the other (privately-owned) apartment. They should for sure not be specifically calling disabled people and inviting them into this.

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My Primary Complaint: DHA's Reasonable Accommodation Process is Intentionally Inaccessible

In the legal language of the HUD complaint:

“[DHA] refused to make, unduly delayed, and conditioned the approval of reasonable accommodations needed for [me] to equally use and enjoy housing as a person with disabilities, thereby subjecting [me] to discriminatory terms and conditions in rental housing based on disability, in violation of the Act.”

Denver Housing Authority does not follow the laws regarding reasonable accommodations. The reasonable accommodation laws and rules are in place to make sure that providers don't use the reasonable accommodation process as a barrier to accessibility; and this is exactly what DHA is doing. The few reasons I have heard for the denials (they usually just don’t reply or give me a reason at all) have been discriminatory and based on stereotypes about disabled people, such as; “those people have very high turnover with their caregivers so we can’t give them all keys” (I don't have high turnover) or “they all use Denver Health anyway, and Denver Health has access to the building already.” (I only use Denver Health for one of my specialists)

The other reasons they give demonstrate a complete lack of understanding about disability and disability law. They do not have enough knowledge about disability to gauge a "disability related need" and have stated that clearly multiple times. But then they did not ask me questions about it, do research, or ask if those stereotypes hold true for me before making a decision or give me the opportunity to defend myself at any time in the last six months. In fact they have asked me exactly zero clarifying questions and because they won’t tell me their reasons I have no opportunity to advocate for myself or come up with alternatives.

I have explained to them in detail how they are making things inaccessible and sent them in separate communications; links to resources, detailed letters, short summaries, emotional appeals, logical synopsis, and quotes and links to the laws. They are aware of the laws, express understanding of the laws, have all the information they need to follow them, and then blatantly break them. They just stay intentionally ignorant.

Not only did they not make decisions, they didn’t even try to engage me in a conversation to come to an agreement because they do not believe what I say about it matters. They do not believe that my opinion about what I need to equally enjoy and use the dwelling holds any weight. If I am the person who is telling them, then even the law doesn't matter. They believe that the only people that can tell them what I need and what the law is are my aides and doctors, and won't even consider what I have to say (to the point that they don't respond to it at all). They have reinforced these beliefs in their actions and words on several occasions. I have documentation of it. Lots of it.

On multiple occasions they infantilized me and treated me as a non-person, who’s words, needs, thoughts, and feelings don’t matter. This is clearly the base definition of ableism; there are laws in place to protect me from this. The primary laws they are breaking are listed in the Related Laws section below. I have sent DHA these exact quotes and links and they ignored them.

The most important thing here is that while I am slow and have periods of fatigue and cognitive difficulty because of my disability; because of my professional background I am exceptionally technically and bureaucratically competent (I wrote this entire document, and built this website, independently. There is a link to my linkedin at the bottom of the resources section at the end of this document.) If I can not navigate their reasonable accommodation process, it is definitely not accessible to most (if not all) people with disabilities.

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Related Laws

Note: I have sent these exact quotes and links to the Denver Housing Authority already.

What is a Reasonable Accommodation and why is it Important?

“A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations. Please note that the ADA often refers to these types of accommodations as “modifications.”

Any change in the way things are customarily done that enables a person with disabilities to enjoy housing opportunities or to meet program requirements is a reasonable accommodation. In other words, reasonable accommodations eliminate barriers that prevent persons with disabilities from fully participating in housing opportunities, including both private housing and in federally-assisted programs or activities. Housing providers may not require persons with disabilities to pay extra fees or deposits or place any other special conditions or requirements as a condition of receiving a reasonable accommodation.

Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny persons with disabilities an equal opportunity to enjoy a dwelling or participate in the program. Not all persons with disabilities will have a need to request a reasonable accommodation. However, all persons with disabilities have a right to request or be provided a reasonable accommodation at any time.

Under Section 504 and the ADA, public housing agencies, other federally-assisted housing providers, and state or local government entities are required to provide and pay for structural modifications as reasonable accommodations/modifications.”

Source: Office of Fair Housing and Equal Opportunity https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications#_Reasonable_Accommodations

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On Requiring Requests to be Made “Correctly” before you will Process Them

"...the Fair Housing Act does not require that a request be made in a particular manner or at a particular time... An individual making a reasonable accommodation request does not need to mention the Act or use the words "reasonable accommodation." However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability."

Source: The United States Department of Justice

https://www.justice.gov/crt/us-department-housing-and-urban-development

“13. Must a housing provider adopt formal procedures for processing requests for a reasonable accommodation?

No. The Act does not require that a housing provider adopt any formal procedures for reasonable accommodation requests. However, having formal procedures may aid individuals with disabilities in making requests for reasonable accommodations and may aid housing providers in assessing those requests so that there are no misunderstandings as to the nature of the request, and, in the event of later disputes, provide records to show that the requests received proper consideration.

A provider may not refuse a request, however, because the individual making the request did not follow any formal procedures that the provider has adopted. If a provider adopts formal procedures for processing reasonable accommodation requests, the provider should ensure that the procedures, including any forms used, do not seek information that is not necessary to evaluate if a reasonable accommodation may be needed to afford a person with a disability equal opportunity to use and enjoy a dwelling.”

Source: The United States Department of Justice

https://www.justice.gov/crt/us-department-housing-and-urban-development

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On Response Time and Constructive Denial

The term "constructive denial" is not a legal term, but it is used when describing the situation where a provider makes you wait so long to "process" the request that it has the same effect as denying it, or puts so many terms and conditions on the approval that it becomes inaccessible.

"A provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a reasonable accommodation request may be deemed to be a failure to provide a reasonable accommodation. A failure to reach an agreement on an accommodation request is in effect a decision by the provider not to grant the requested accommodation."

Source: Office of Fair Housing and Equal Opportunity https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications#_Reasonable_Accommodations

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On Asking for (or requiring) Excessive Medical Information

"A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If a person's disability is obvious, or otherwise known to the provider, and if the need for the requested accommodation is also readily apparent or known, then the provider may not request any additional information about the requester's disability or the disability-related need for the accommodation."

"If the requester's disability is known or readily apparent to the provider, but the need for the accommodation is not readily apparent or known, the provider may request only information that is necessary to evaluate the disability-related need for the accommodation."

Source (for both): The United States Department of Justice

https://www.justice.gov/crt/us-department-housing-and-urban-development

“Depending on the individual's circumstances, information verifying that the person meets the Act's definition of disability can usually be provided by the individual himself or herself (e.g., proof that an individual under 65 years of age receives Supplemental Security Income or Social Security Disability Insurance benefit or a credible statement by the individual)”

Source: The United States Department of Justice

https://www.justice.gov/crt/us-department-housing-and-urban-development

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Who at DHA did I send these to?

So, there are a few people who have gotten more of them, but at this point the whole leadership (and a lot of the staff) of Denver Housing Authority knows this is happening and is doing nothing about it. I emailed each of the individual department and organization leaders in the blind carbon copy line of all of the important emails, and included the “legal” email address (the one I was told to use), property manager, housing management, resident services, and multiple other people on every one of the important emails. I literally begged someone/anyone there to follow the law.

The primary instigators though are the property manager, Jenette Jemison, and the “504 Coordinator” Mercedes Pineda. They are the two who said and did the blatantly ableist/illegal things. Everyone else knows about it and does nothing to stop it.

A woman named Maja Djurdjevic (title unknown) processed my initial apartment application and received the RA form the second time I submitted it, but the fault probably does not lay on her, and certainly not solely on her, as I have sent it multiple times and every time I sent it, multiple people saw it.

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Select Examples of Reasonable Accommodations at DHA

Note: This is not all of them. All of the denied or constructive denied requests that appear in this document are in the HUD complaint. There are more denied requests in the complaint than are listed here including a few physical accessibility complaints.

Two Bedroom Apartment Accommodation

Summary:

NOTE: This is the one accommodation that they processed.

Before I was pulled on the waitlist for the “accessible” apartment I had been pulled in the lottery for a housing voucher through DHA and submitted a reasonable accommodation (RA) form for a voucher for a two bedroom apartment to accommodate medical equipment (on the advice of the voucher staff who ran my training).

How was the request submitted, what was the first date a request was made:

DHA’s 15 page reasonable accommodation form sent via email to the voucher processing department on 7/11/21.

Response received: Approved timely.

They did reprimand me for checking in on the form’s progress (I followed up ten days after I submitted it and they said that was too soon), but my checking in apparently worked and got them to process it because I received the letter later that day.

The voucher department forwarded the form to “legal” on my behalf. When I didn’t hear anything back, I emailed the voucher department for an update (the voucher process is on a tight timeline and I was worried). A few hours after I checked on it, “Legal” emailed me a .pdf letter (on 7/21/21) that said they had approved me for the two bedroom voucher. They did not ask me any clarifying questions or give me instructions for further accommodations.

Backup documentation:

Reasonable Accommodation Form

Email to voucher department

Follow up email to voucher department

Email from voucher department about timeline

Letter from “legal”

Email from “legal”

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Emotional Support Animal (ESA)

Summary:

I submitted a request three times on their approved reasonable accommodation (RA) form for an emotional support animal (I submitted the same form three times). At the time I initially filled out the form I didn’t need the support animal section of the form, because it was just for a voucher, but that form was ridiculous, and I never wanted to ever have to do it again, so I filled out that part too just in case I needed it in the future. I submitted the same form again when I did actually need it two months later.

They took 6 months to process it. Their “reason” it took so long is because I submitted it before I needed it (even though I submitted it again when I did need it.)

How was the request* submitted, what was the first date a request* was made:

7/11/21: I first included the ESA on the RA form (and submitted it) for the 2 bedroom voucher.

8/25/21; I verbally informed Maja that I had an emotional support cat and that I would be submitting the RA form and the letter from my doctor with my application.

8/27/2021: I resubmitted the 15 page reasonable accommodation form as well as my doctors normal support animal letter (what normal landlords ask for and all that should be required) with my application for the apartment in question for reconsideration. I sent this to Maja, the woman who processed the application, via email. I also included in a body of the email, again, another brief description of my disability.

12/2/21: I sent a long letter explaining that their processes were inaccessible. I included a detailed description of the ESA process in relation to my cat. (this is another point where I informed them I have an emotional support cat for my disability.)

1/20/22: I resubmitted the form as medical proof for the door code and email communication requests (I still didn’t realize they hadn’t processed the ESA part, but I thought maybe they lost my form and that’s why they were so confused about my other accommodation requests so I decided to resend it.)

Response received: Constructive Denial.

If we don't count the first time I submitted it (since it wasn't needed at that time); It took them six months to reply the second time I submitted it, which was also over a month after the third time.

Their “reason” for the delay is that I sent it in eight months earlier also (when they refused to process it.)

I received a response to the first one (on 7/21/21) saying they were not going to evaluate the ESA portion since I didn’t need it for a voucher.

I received no direct response at all the second time I submitted it. When I asked if I was “approved” for the apartment and they said “yes” I definitely thought it meant with my cat since that was included with the application.

On February 25th, 2022 (6 months after I submitted it the second time, over a month after I submitted it the third time) they sent a letter that included the fact that they have just now approved the ESA (with the excuse that when they received it in July I didn't need the ESA approved) and separately they sent me a support animal agreement that I have to return within 30 days under threat of eviction.

Backup Documentation:

Original sent email

Application Email showing appropriate request attachments and another notification that I’m disabled, as well as another short description of my disability

Reasonable Accommodation Form

Support Animal Letter

About 15 emails with Maja about the application and being approved for the apartment

Third email (long email unrelated to the ESA, I just attached the RA form again to remind them I had already done it and that it had enough information about my disability for them to make decisions about other things with it.)

Legal letter with ESA approval and support animal agreement demand and threats

Support Animal Agreement

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Extra Time to Read the Lease

Summary:

DHA insisted that the lease signing and deposit exchange happen only in person, only on move-in day and only via money order all of which were inaccessible to me. I requested to do the lease signing (or get a copy of the lease) at least two weeks in advance, to get the dollar amounts of the money order requests at least a week before they were due (they were due on move-in day) so my aide had time to get cash and get them. I also requested either a digital lease signing or for my aide or a family member to go pick up the lease from them and bring it to me and then bring the signed copy back. Since I had been told by more than one DHA employee that DHA has a blanket “digital signatures are good” policy because of COVID, I really didn’t expect this part to be an issue.

Inititially they said they could do it, they wanted me to move in way earlier anyway, they had this "digital signature" policy. But then they changed their minds, and made me *request it again. And then took so long to respond that it was too late.

How was the request* submitted, what was the first date a request* was made:

I made the request* initially via telephone on 8/25/21 (with Maja) and she said yes. Then I asked again (to confirm) via email on 8/27/21 when I sent in my application.

And I made the request* again on 9/3 via email to Maja when we confirmed the move-in date of 9/24/21.

On 9/22/21 I still hadn’t heard anything about a time, so I emailed again, the email got passed on to Jenette who again insisted that I come to the office to get the lease and sign on move-in day, I again made a request* and got an email back that said, “what days and times work for you?” (as if I had made no request to begin with). I replied and they never responded. My aunt then started to call, and when they wouldn’t answer, went down to the office and waited until someone would help her and then they finally partially accommodated me but it was too late.

*for the purposes of this document, a “request” means the request was made in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability.

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Response received: Constructive Denial.

They approved these requests initially but then later changed their minds and only approved me getting the lease one day in advance (I had requested two weeks). When I tried to email and call to schedule the one-day early lease pick-up they promised me, they completely ignored me for a day and then decided to rescind their offer to accommodate me and I had to make the request* again and then wait for them to approve it again, during that time the days passed and then it was too late to do the accommodation.

They approved the request over the phone on 8/25/21.

The email requests after that were ignored until I sent more detailed requests and got more frantic closer to the move in date.

On 9/4/21 they agreed to give me the lease one day before move-in (9/23/21). (reminder: I asked for two weeks)

They got me the dollar amounts for the money orders on 9/21/21 (4 days after my requested date, 3 days before they were due. I asked for one week.).

On 9/22/21 they said again that I need to come in person to sign the lease and I had to make the request all over again (but it was too late.)

I ended up getting the lease and keys (my aunt picked them up for me), late afternoon on 9/23/21 (with no time to review or process it because I was in a huge flare from prepping for the move, as I predicted I would be.)

They still required me to bring the lease and addendums into the office on my move-in day 9/24/21.

Because it was my moving day my scanner was packed and I couldn’t make myself a copy.

They never did get me a full copy (they sent me a copy of the lease, but none of the addendums.)

Back up documentation:

A chain of approximately 50 emails to/from Maja and Jenette

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Building Access/Door Code/Access for my Aides

Summary:

For months I had no way to let anyone into the building, because the call box was not programmed at all, and then it was programmed wrong and on top of that they would not give me a door code and ignored my request for alternatives (like extra key fobs for my aides). I also only had one key fob for the door. So no matter how much pain I was in, whether I was conscious or unconscious, or how badly I needed help, I had to go to the outside door to open it for them, which was way more difficult than it sounds and is not always possible for me. And when I couldn’t get to the door (which happens often), I just didn't get help/medical care. In any case, the lack of building access caused me a great deal of excess pain, flares, and health issues (and is still causing a lot of problems.) I communicated all of this to them.

I sent dozens of requests worded multiple different ways for them to help me address this. I asked for a door code at first, because I didn’t realize they “don’t give out door codes” as a policy, because they ignored me every time I asked for it between September and November 1st (and all my previous landlords have just given me one). After I realized it was a policy I asked for a “reasonable accommodation” to get a door code, at that point they told me I can only talk to legal about it, and legal refuses to interact with me except via Zoom call or through my aide.

I also proposed alternatives to the door code on many occasions, because that is how reasonable accommodation is supposed to go, which later they used against me as “the requests keep changing.” I explained the problem in detail many times, in many different ways.

How was the request* submitted, what was the first date a request* was made:

I asked for a door code on 9/23 (phone call), 9/24 (in person) and 9/28 (email) just because I needed one (I did not mention that it was related to my disability because I didn’t know they don’t provide them and they didn't tell me).

I requested* a door code in relation to my disability (and/or a list of other possible options) first on 11/1/21 in an email to Jenette Jemison and Maja Djurdjevic (the property manager and person who processed my application), because it had really started to cause me a lot of harm.

I didn’t know they had a policy against it and they didn’t tell me until 11/5/21.

On 12/2/21 I sent a detailed letter where a full page explained why I needed a door code, and proposed other options (such as keys and key fobs for my aides.)

I submitted the request for a door code (or other proposed options) dozens of times after that in emails, phone calls, in person visits and even calls from my friends and family, as well as visits and calls from my aides. I begged them to fix the call box for over 3 months before they did. It took 6 months for them to fully respond, and while I sometimes took breaks to destress, I didn’t stop trying to communicate my needs to them.

Response received: Denied. Constructive Denial.

They completely ignored the requests for months, sent one email that just said, “You do not have an access code” and when they finally “approved” it, they gave me the “accommodation” of one extra key and one extra key fob for one of my aides and said I have to “do the process again” (which took six months) for the second set for my other aide. At no point did they attempt to have a discussion about other ways they can meet my needs, or come up with any of their own ideas about it. They saw their role in this as trying to limit me as much as possible, not as trying to meet my needs, even when the needs are health and safety related.

On November 5th Jenette sent an email saying my name and phone number were now programmed into the call box (they were, but it didn’t work because it was programmed wrong.) The same day she sent an email saying, “You do not have an access code but when you receive a call you just need to press 9 to let them in the door.” (this was false, as the call box was programmed wrong)

On December 10th Jenette sent an email saying “Also, are [sic] legal department will be contacting you in regards to getting a door access code.”

On December 23rd, 2021 legal sent a letter saying they were “working on” the callbox. A few days later the call/buzz feature in the box was fixed (but still no door code or response to any other part of this request.)

On 2/25/22 they sent me a letter about my outstanding requests, where they ignored the door code question entirely, and only addressed one of my alternate requests (key and key fob for my aides) and then only gave me one set, even though I clearly mentioned that I would need more than one set. The reason they gave me (verbally) for not approving any of this (indirectly through my aide) is that “those people’s carers are not dependable.” (Just so this is communicated clearly; I do not have high turnover with my aides (for the last 5 years before this year it has been 0% every year) but even if I did I would need them to be able to access my building.)

I still can’t get deliveries, I still can’t get urgent care if I am unconscious. I still can’t get care from my second aide if I fall asleep or lose consciousness (and he’s the one who does my meds so it’s extremely important.)

Backup documentation:

About 20 emails to Jenette/Maja

About 10 back from Jenette (the only two that mention the door code are the one that says to talk to legal and the one that says "you dont get one.")

About 15 emails to “legal”

About 6 to basically everyone at DHA

Several short .pdf letters that were emailed to me from “legal” and Mercedes mostly just asking for a phone/zoom call.

One long email from “legal” and Mercedes that ignores the door code request.

One long letter from “legal” and Mercedes that ignores the door code request but says I have been approved for the key fob and key for my aide.

A 10 page letter from me explaining how they were harming people with disabilities that specifically details this need, my disability related reasons for needing it and some options besides a door code.

Their 15 page reasonable accommodation form fully completed and signed by my primary care (RN)

A receipt showing they gave me one extra key and keyfob.

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Communication via Email

Summary:

After they referred me to “legal” about the door code and I sent them the 10 page letter, I got a two sentence letter asking me for a zoom call. I directly requested to communicate via email because of my disability as a reasonable accommodation. I explained why. They denied the request with the reason that my requests were “too complex” and "your requests don't seem to be disability related" and "it's a new building".

When I simplified the requests into two, easily understood, textbook clean reasonable accomodation requests with clear labelling of the "disability related need" to accommodate their confusion they just completely ignored them.

How was the request* submitted, what was the first date a request* was made:

I sent the request via email to the “legal” email I was told to use for RA requests, every week from 12/5/21 to mid-January, worded in different ways. The last 3 were sent to basically everyone at DHA.

Response received: Denied.

They told me my requests were “too complex” to address via email and repeatedly requested a phone or zoom call (and once an in-person meeting). I responded by offering to reduce it down to two RA requests to make it more manageable for them and requested these two things approximately every week for two months:

• The door code (or other accommodations for building access for my aides, doctors, and important deliveries)

• Communication via email (or a reasonable accommodation process that is accessible to me)

These two requests were (and still are as of 3/8/2022) completely ignored.

About once a week they sent me a one sentence letter acknowledging they’d received my letter or email and asking for a phone/zoom call with no other information. They never asked me any questions.

On 1/21/22 in a letter they “offered” as an accommodation to this to have a phone call with my aide (instead of me), and to send me audio recordings of the calls (this was not a good accommodation for me for multiple reasons, but I told them if they would do nothing else, this was better than nothing).

They did have multiple calls with my aide, none of which went well at all from his perspective. They never sent me the recordings of the calls.

On 2/25/22 they sent a letter where they;

• Misquoted the calls with my aide

• Then used those misquotes to ignore all of my requests,

• So they used my aide’s opinion over mine, for no reason except he’s able bodied.

In the same letter they threatened to ask for more medical verification if I had further requests, evict me if I ever need overnight care, evict me if I don’t sign the Assistance Animal Agreement within 30 days, and said a few other discriminatory things (honestly, taking my aide’s “opinion” over mine about my own needs was enough.)

After I got this letter I told them about the HUD complaint, and that I would not engage with them further until they were interacting with me in a way that at least they appeared to be trying to follow the law. The stress from it is throwing me into constant flares, and I need to take a break and find some kind of legal assistance or support.

Backup Documentation:

About 15 emails to legal (6 of them also included basically all of DHA)

About 6 letters from legal/Mercedes (5 very short, just asking to schedule a zoom call)

One long email from legal/Mercedes

*for the purposes of this document, a “request” means the request was made in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability.

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No Advance Warning for Blocked Egress and Jackhammer

On Monday, March 14th, 2022, construction workers started using a concrete saw and jackhammer alternately starting at 8am and lasting until around 5pm (with two 30 minute breaks) three feet from the front door of my apartment, in the hall of the building. They dug a trench in the floor in front of my apartment door that made it so I could not leave my unit because my wheelchair would not be able to navigate it. I recieved no advance notice about this from the landlord. There were chalk marks on the floor where the trench is for a few weeks, so they knew.

I developed tinitus, an earache, a migraine and a pain flare from the dust and noise and I couldn't leave. If they had notified me in advance I could have rented a hotel room or something?

I have pictures of the workers and the trench.

Additional Resources

This is a list of super useful resources directly related to this situation, if you are missing any context:

Disability Law Colorado. (n.d.). Resource Guide - Requirements for Service and Assistance Animals in Colorado. Disability Law Colorado. Retrieved March 8, 2022, from https://disabilitylawco.org/sites/default/files/uploads/Resource%20Guide%20-%20Requirements%20for%20Service%20and%20Assistance%20Animals.pdf

Disability rights section. The United States Department of Justice. (2022, January 28). Retrieved March 8, 2022, from https://www.justice.gov/crt/disability-rights-section

Dos & Don'ts for Handling Reasonable Accommodation Requests. Fair Housing Coach. (2020, August 7). Retrieved March 8, 2022, from https://www.fairhousingcoach.com/article/dos-donts-handling-reasonable-accommodation-requests

Joint Statement of the Department of Housing and Urban Development and the Department of Justice. (2004, May 17). Reasonable Accommodations under the Fair Housing Act. The Department of Housing and Urban Development. Retrieved March 8, 2022, from https://www.hud.gov/sites/documents/huddojstatement.pdf

Office of Fair Housing and Equal Opportunity/ Disability Home. HUD.gov / U.S. Department of Housing and Urban Development (HUD). (n.d.). Retrieved March 8, 2022, from https://www.hud.gov/program_offices/fair_housing_equal_opp/disability_main

Team, G. T. E. (2019, August 26). Chronic illness and disability. GoodTherapy. Retrieved March 8, 2022, from https://www.goodtherapy.org/learn-about-therapy/issues/disabilities

This is a very good (well sourced) summary of disability, chronic illness, and how it affects the population and individuals.

U.S. Department of Housing and Urban Development (HUD). (n.d.). Section 8 Housing Voucher Program Fact Sheet. HUD.gov. Retrieved March 14, 2022, from https://www.hud.gov/topics/housing_choice_voucher_program_section_8

U.S. Department of Justice. (2015, July). Frequently Asked Questions about Service Animals and the ADA. Civil Rights Division/ ADA. Retrieved March 8, 2022, from https://www.ada.gov/regs2010/service_animal_qa.html

More about me (Elizabeth Casswell): https://www.linkedin.com/in/elizabethcasswell/

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