                                 CODE OF VIRGINIA

REASONABLE ACCOMMODATIONS; INTERACTIVE PROCESS (§ 36-96.3:2)

A. When a request for a reasonable accommodation establishes that such
accommodation is necessary to afford a person with a disability, and who has a
disability-related need, an equal opportunity to use and enjoy a dwelling and
does not impose either (i) an undue financial and administrative burden or (ii)
a fundamental alteration to the nature of the operations of the person receiving
the request, the request for the accommodation is reasonable and shall be
granted.

B. When a person receives a request for accessible parking to accommodate a
disability, the person receiving the request shall treat such request as a
request for reasonable accommodation as provided by this chapter.

C. When a request for a reasonable accommodation may impose either (i) an undue
financial and administrative burden or (ii) a fundamental alteration to the
nature of the operations of the person receiving the request, the person
receiving the request shall offer to engage in a good-faith interactive process
to determine if there is an alternative accommodation that would effectively
address the disability-related needs of the requester. An interactive process is
not required when the requester does not have a disability and a
disability-related need for the requested accommodation. As part of the
interactive process, unless the reasonableness and necessity for the
accommodation has been established by the requester, a request may be made for
additional supporting documentation to evaluate the reasonableness of either the
requested accommodation or any identified alternative accommodations. If an
alternative accommodation is identified that effectively meets the
requester&#8217;s disability-related needs and is reasonable, the person
receiving the reasonable accommodation request shall make the effective
alternative accommodation. However, the requester shall not be required to
accept an alternative accommodation if the requested accommodation is also
reasonable. The various factors to be considered for determining whether an
accommodation imposes an undue financial and administrative burden include (a)
the cost of the requested accommodation, including any substantial increase in
the cost of the owner&#8217;s insurance policy; (b) the financial resources of
the person receiving the request; (c) the benefits that the accommodation would
provide to the person with a disability; and (d) the availability of alternative
accommodations that would effectively meet the requester&#8217;s
disability-related needs.

D. A request for a reasonable accommodation shall be determined on a
case-by-case basis and may be denied if (i) the person on whose behalf the
request for an accommodation was submitted is not disabled; (ii) there is no
disability-related need for the accommodation; (iii) the accommodation imposes
an undue financial and administrative burden on the person receiving the
request; or (iv) the accommodation would fundamentally alter the nature of the
operations of the person receiving the request. With respect to a request for
reasonable accommodation to maintain an assistance animal in a dwelling, the
requested assistance animal shall (a) work, provide assistance, or perform tasks
or services for the benefit of the requester or (b) provide emotional support
that alleviates one or more of the identified symptoms or effects of such
requester&#8217;s existing disability. In addition, as determined by the person
receiving the request, the requested assistance animal shall not pose a clear
and present threat of substantial harm to others or to the dwelling itself that
is not solely based on breed, size, or type or cannot be reduced or eliminated
by another reasonable accommodation.

HISTORY: 2017, cc. 575, 729; 2021, Sp. Sess. I, c. 17.