Procedure for Accommodation Policy for Residents With Disabilities

The purpose of this procedure is to provide detailed steps to ensure the Woodsworth Housing Co-op Accommodation Policy for Residents with Disabilities is appropriately implemented.

This 8-page procedure applies to members, long-term guests or applicants for membership who have a disability or disabilities as defined by the Ontario Human Rights Code (“Code”).

See also the Membership Bylaw content on priority waiting lists.

Accommodation Procedure approved by the Board 2018 2020

Forms

Accommodation request form (2 pages)

Accommodation request form rev May 2019

Medical documentation for accommodation request

Medical documentation Accommodation request form rev May 2019

Advocacy consent letter for accommodation

Advocacy consent letter accommodation 2018

Accommodation Policy for Residents with Disabilities

In the Woodsworth Housing Co-op Accommodation Policy for Residents with Disabilities (“the Accommodation Policy”), the term “accommodation” refers to adapting or adjusting policies, procedures, structures, etc. for a resident with a disability, and not to its more common usage as lodging or housing. ₁

Approved at a General Members’ Meeting on September 25, 2017.

1. Statement of Commitment

Woodsworth Housing Co-operative (“the Co-op”) commits to addressing residents’ needs in a manner consistent with the Ontario Human Rights Code that is inclusive and free of barriers based on disability, unless to do so would cause undue hardship to the Co-op.₂ This Accommodation Policy applies to all residents of the Co-op, as required by the Human Rights Code.

Accommodation will be provided in accordance with the principles of dignity, individualization, and inclusion. The Co-op will work cooperatively, and in a spirit of respect, with all partners in the accommodation process.₃

2. Appropriate Accommodations

The aim of accommodation is to remove barriers and ensure equality. Accommodations will be developed on an individualized basis. An accommodation will be appropriate where it results in equal opportunity to enjoy the same benefits and privileges experienced by others, and where it respects the principles of dignity, inclusion and individualization. Appropriate accommodations may include:

a) Unit adjustments
b) Transfer to a more appropriate unit;
c) Modifications to organization policies and practices;
d) Technical aids;
e) Provision of materials in alternative formats;
f) Building modifications;
g) Modification to membership criteria.

This list is not exhaustive.
Accommodation may take many forms. What works for one individual may not work for another. Each person’s situation must be individually assessed. In each case, the Co-op will implement the most appropriate accommodation, short of undue hardship.

3. Application of the Accommodation Policy

This Accommodation Policy applies to all residents of the Co-op. Residents include Members, Long Term Guests, the children of Members and Long Term Guests, and anyone else who may legitimately be permanent residents.

It applies at all stages and to all aspects of residence in the Co-op, including but not limited to participation in Co-op events, meetings and committees, access to and use of common and private areas of the Co-op, and termination of membership.

The Accommodation Policy also applies to the procedures associated with applying for Membership or Long Term Guest status with the Co-op.

New members will be informed of the Accommodation Policy and all residents will be able to access it electronically through the Co-op’s website, and in hard copy form at the Co-op management office.

Decisions under the Accommodation Policy will be made by the manager of the Co-op within his/her spending authority. If the requested accommodation will cost over the manager’s spending limit, the request will be referred to the Board of Directors for a decision.₄

4. Requests for Accommodation

Requests for accommodation must be made, preferably in writing, to the Co-op management office and directed to the manager.₅
Accommodation requests should indicate:

a) The reason why accommodation is required; and

b) The specific needs related to the accommodation seeker’s disability.

All accommodation requests will be taken seriously. No person will be penalized for making an accommodation request.

5. Provision of Information₆
The manager of the Co-op (or Board of Directors in more complex accommodation requests) may require further information related to the accommodation request in the following circumstances:

a) Where further information related to the individual’s limitations or restrictions is required in order to determine an appropriate accommodation; or

b) Where there is a demonstrable objective reason to question the legitimacy of the person’s request for accommodation.

In particular, the manager may request documentation from an appropriate health practitioner detailing the nature of the individual’s disability (a diagnosis is not required), any restrictions resulting from the disability, the expected duration of the restrictions, and the basis for the medical conclusions.₇

Where further information is needed in order to identify accommodation needs or potential solutions, the accommodation seeker is required to cooperate in obtaining that information. Any costs associated with obtaining such information will be borne by the Co-op.

Failure to respond to such requests for information may delay the provision of accommodation.

The Co-op will maintain information related to:

a) The accommodation request;
b) Any documentation provided by the accommodation seeker or by health practitioners;
c) Notes from any meetings;
d) Any accommodation alternatives explored;
e) Any proposed accommodations that were refused; and
f) Any accommodations provided.

This information will be maintained in a secure location, separate from membership files, and will be shared only with those persons who need the information.

6. Privacy and Confidentiality₈

The Co-op will maintain the confidentiality of information related to an accommodation request. It will only disclose this information with the consent of the person who requested accommodation.

7. Accommodation Planning

Accommodation requests will be dealt with promptly. When required, an interim solution will be provided while long-term solutions are developed.

The manager of the Co-op, the accommodation seeker and, where appropriate, the Board of Directors and any necessary health practitioners will work together cooperatively to develop an Accommodation Plan for the individual. ₉

The Accommodation Plan, when agreed on, will be put in writing and signed by the accommodation seeker and an officer of the Co-op. A signed copy of the Accommodation Plan will be maintained by the Co-op.

An Accommodation Plan may include the following:

A statement of the accommodation seeker’s relevant limitations and needs, including any necessary assessments and information from health practitioners, bearing in mind the need to maintain the confidentiality of medical reports;
Arrangements for necessary assessments by health practitioners;
Identification of the most appropriate accommodation short of undue hardship;
Clear timelines for the provision of identified accommodations; and
Criteria for determining the success of the Accommodation Plan, together with a mechanism for review and re-assessment of the Accommodation Plan as necessary.

8. Monitoring Accommodations₁₀

The manager of the Co-op and the person receiving accommodation will monitor the success of the Accommodation Plan, and shall promptly address any deficiencies or relevant changes in the Co-op or the individual’s needs.

9. Undue Hardship

Accommodation will be provided to the point of undue hardship, as defined by the Ontario Human Rights Commission’s Policy on Ableism and Discrimination Based on Disability. A determination regarding undue hardship will be based on an objective assessment of costs, outside sources of funding, and health and safety.₁₁ The standard for undue hardship is high, and the burden of proof is on the Co-op.

A determination that an accommodation will create undue hardship may only be made by the Board of Directors of the Co-op.₁₂

An individual making a request for accommodation may be encouraged to offset the costs of accommodation by applying for outside funding or programs that are only available to individuals. The manager of the Co-op may assist in identifying these funding sources.

Where a determination is made that an accommodation would create undue hardship, the person requesting accommodation will be given written notice, including the reasons for the decision and the objective evidence relied upon. The accommodation seeker shall also be informed of his/her recourse under the Ontario Human Rights Code.

Where a determination has been made that an accommodation would cause undue hardship, the manager of the Co-op will work with the accommodation seeker to develop and implement the next best accommodation short of undue hardship or will consider phasing in the requested accommodation.

FOOTNOTES:

1. This policy is intended to be consistent with and complement Human Rights By-Law #70.

2 For more information on undue hardship, please see section 8.

3 The “Duty to Accommodate” under the Human Rights Code is not limited to needs related to a disability, but applies to all enumerated grounds under the Code, including race, age, sex, gender identity, family status, creed (religion), place of origin and citizenship, and the receipt of public assistance. While the focus of this policy is accommodating the needs of residents with disabilities, the principles apply equally to all enumerated grounds.

4 See Spending By-Law #47 and Human Rights By-Law #70, subsection 2.7.

5 It is important to note that some individuals may be unable to disclose or communicate accommodation needs, due to the nature of their disability. For example, persons with some mental disabilities may be unaware of their accommodation needs, or may be reluctant to disclose them because of fear of stigma or stereotypes. The Co-op may offer assistance and accommodation to persons who are clearly unwell and in need of assistance, or who are perceived to have a disability, even where no accommodation request is made.

6 The Co-op will be careful to collect only information that is necessary. A careful approach to the collection of documentation not only protects the privacy of the accommodation seeker, it protects the Co-op from potential complaints. All parties must exercise good faith in seeking and providing information.

7 An appropriate health practitioner is a member of a regulated health care profession such as a medical doctor, psychologist, psychiatrist, occupational therapist or social worker who is qualified to provide an opinion on a request for accommodation. In some cases, the need for accommodation is obvious and there will be no need for supporting medical information.

8 Requests for accommodation may involve the disclosure of private or highly sensitive information. In order for individuals to feel comfortable when making accommodation requests, they must feel confident that the information they provide will be treated confidentially, and shared only as necessary for the accommodation process.

9 A formal accommodation plan ensures that the parties clearly understand their roles and responsibilities, and facilitates accountability and regular monitoring.

10 Accommodation needs and the Co-op’s realities may change over time. As well, accommodation may require adjustments during and after implementation in order to improve effectiveness or efficiency.

11 A detailed explanation of these three factors can be found in the Ontario Human Rights Commission’s Policy on Ableism and Discrimination Based on Disability (2016) at section 9, available online at: http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability .

12 The determination that an accommodation will cause undue hardship is a complex decision, with potentially significant legal consequences, and should therefore be made by the Board of Directors of the Co-op. The basis for this conclusion should be thoroughly documented, and the accommodation seeker provided with clear reasons for the decision.

See also:

Woodsworth pamphlet – Guide to Woodsworth’s Accommodation Policy for Disabilities and forms
https://www.woodsworthcoop.ca/index.php/guide-to-woodsworths-accommodation-policy/

Priority internal waiting list and priority relocation

Extracts from the Membership Bylaw: Member Approval and Unit Allocation #84 related to the priority internal waiting list and relocation

Article 1.3 Special meanings

Priority waiting list
For members who have documented medical or disability accommodation needs, or in cases of severe financial
hardship, or domestic violence.

Article 4.1. Alternating between internal and external waiting lists

(a) The co-operative will fill vacancies alternately from the internal and external waiting lists unless there is someone with established special priority for that sized unit. See Article 5.2.1 about priority list.

(f) Only moves from the regular internal and external waiting lists count for alternating between internal and external wait lists. A priority move doesn’t count as an internal move. Allocation of wheelchair adapted units does not count as an internal or external move.

Article 5.2. Relocation requests with priority

Members living in Woodsworth may have priority on the internal waiting lists in certain circumstances.

Article 5.2.1. Priority Internal Waiting List

(a) Eligibility

In order to provide additional supports to individuals requiring it by virtue of their physical or mental disability, facing abuse, or financial hardship, members may be eligible for placement on a separate Priority Internal Waiting list. They may qualify if they are experiencing medical or disability accommodation needs, and in some circumstances, severe financial hardship, or domestic violence.

Those with financial issues must not be in arrears. See Article 5.1.2 (c)

The Occupancy Bylaw outlines the co-op’s response to domestic violence. Occupancy Bylaw, Article 7.4.

(b) Human Rights

Ontario Human Rights legislation and our Human Rights Bylaw have requirements about providing medical and disability accommodation. Such requests have a higher priority on the Priority Internal Waiting List than financial hardship or domestic violence requests.

(c) Applying for priority

Members wishing to request a priority move must fill out the Priority Move Application and then meet with the Woodsworth Manager.
In an accommodation-based priority move application, an Accommodation Request Form will also need to be filled out.

The priority waiting list is maintained by Management and is confidential. The Membership Committee is not involved in the priority waiting list.

The Board of Directors votes to approve or decline all priority move requests.

If the member qualifies for the an accommodation-based priority move, the Manager of the co-operative and the accommodation seeker and, where appropriate, one or more directors and any necessary health practitioners will work together cooperatively to develop an Accommodation Plan for the individual. If the member does not qualify for the Priority Waiting list, the member can fill out a Relocation Application to go on the main internal waiting list.

The Board of Directors will review and approve the accommodation plan.

(d) Unit offers

The member will be offered three opportunities to accept a unit based on their Accommodation Plan.
Once a move has been accepted, the priority status is removed. If necessary, the member can reapply for a priority move or through the normal internal waiting list.
See also Schedule F of this bylaw and Article 5.5.5 Refusals for priority internal waiting list

Article 5.2.2. Maintain number of units with housing charge subsidy

The Co-operative’s Agreement with the Canada Mortgage and Housing Corporation (CMHC) requires that the co-operative provide subsidies for 25% of the units, if applicable.

If a unit becomes available and the number of households in the co-operative receiving subsidy is below the minimum number required in the co-operative’s Agreement with CMHC, Management may offer the unit if appropriately sized to someone on the waiting list who requires government subsidy or the Board may have to give applicants on the external waiting list subsidy priority over households on the internal waiting list in order to comply with CMHC’s requirements.

Article 5.2.3. Transfers based on Occupancy Bylaw, (Article 5.3 Damage by fire, etc.)

These household relocations may be given priority. Households entitled to be offered a unit under the provisions of the Occupancy Bylaw on fire or other damage, or sale of the co-operative may be offered a unit in the order in which they first became entitled to a new unit. See the Occupancy Bylaw

Article 5.2.4. Internal move requests that do not get priority on waiting lists

(a) Moves based on other bylaws
Occupancy Bylaw, Article 9.4, Not Meeting Minimum Household Size
and
Housing Charge Subsidy Bylaw, Article 2.5, Overhoused Households

These may require members to move. There are specific rules attached to each of these, but they do not get priority on the waiting list and must wait their turn to be offered a new unit. See the relevant bylaw.

(b) Special waiting list requests other than number of bedrooms
Units are offered by date order (Article 5.1.1)

Members may specify on their relocation request that they only wish to transfer to a particular type of unit, specific floor, or specific unit or group of units. They will be skipped if the available unit does not match their preference. However they are not given any priority when their preferred unit becomes available. They must be next on the waiting list when a match comes up for their preference. See Article 4 (h).

Article 5.2.5. Waiving residency requirements

There is no priority granted, only the waiving of the two (2) years minimum residency requirement in their unit before the household can join the internal waiting list.

The Board may also waive it for approved priority such as accommodation needs. See article 5.2.1 and Schedule F.

Article 5.5.5. Refusals for priority internal waiting list

Households that have been given special priority status for an internal move as defined in Article 5.2.1 (Priority Internal Waiting List) will be offered three (3) opportunities to accept a unit based on their Accommodation Plan.

After three refusals, the household will be removed from the priority waiting list.

If the household still wishes to relocate, they must apply through the normal internal waiting list procedures. Their position on the internal waiting list will be based on the date their application for a normal priority move was received.

Membership Bylaw, Schedule F: Woodsworth’s Criteria Guideline for Priority Moves

1. Members may be eligible for placement on a separate Priority Internal Waiting list if they are experiencing a Medical or Disability Accommodation needs, severe Financial Hardship, or Domestic Violence. See Article 5.2.1 Priority Internal Waiting List

2. By legal requirement, Medical and Disability Accommodation requests have priority. Applications regarding Financial Hardship or Domestic Violence will be processed on a first come, first serve basis.

3. The first step is to fill out the Priority Move Application and then meet with the Woodsworth Manager. This process is completely confidential. If the member does not qualify for the Priority Internal Waiting list, the member can fill out a Relocation Application to go on the main internal waiting list.

4. The Board of Directors will review and give final approval to the Accommodation Plan.

CRITERIA

Medical or Disability Accommodation

A request for a Priority Move due to Medical or Disability reasons must follow the Woodsworth’s Accommodation Policy for Residents with Disabilities based on the Ontario Human Rights Code. An Accommodation Request Form will also need to be filled out as part of this process.
The Co-op’s obligations are limited to accommodating disability-related needs, not members’ preferences.

The manager will request documentation from an appropriate health practitioner detailing the nature of the individual’s disability, any restrictions resulting from the disability, the expected duration of the restrictions, and the basis for the medical conclusions.

Each person’s situation will be individually assessed by the Co-op Manager. If the manager determines a current housing unit is detrimental to a member’s medical condition and a different unit is needed soon, then the member would qualify for the Priority Move waiting list.

The manager and member will go through the accommodation procedure together. The manager may propose other accommodation options that meet the member’s needs. If the member accepts an accommodation option other than priority relocation, the member can join the main internal waiting list requesting a different unit.

Management and the Co-op website can provide detailed information on the Woodsworth Accommodation Policy and the Accommodation Planning process.

Financial Hardship

If a member is experiencing severe financial hardship and has an urgent need for a less expensive unit, the member must present third-party financial or legal documents to the Co-op Manager as part of the application for a Priority Move.

Proof of severe financial hardship might include, but is not limited to the following documentation:
bankruptcy documents (filing documents, proof of claim etc.), creditors letters, bank statements, record for employment for job loss.
Those with financial issues must not be in arrears. See Article 5.1.2 (c)

Domestic Violence

Woodsworth’s Occupancy Bylaw #82, 7.3, defines violence against another person in the same household as domestic violence. 7.4a of Occupancy Bylaw states: The co-op does not tolerate domestic violence. It will try to
assist victims of domestic violence. Members who engage in domestic violence may be evicted.

If a member has experienced domestic violence, is no longer living with the abuser, yet fears for their safety by remaining in the same unit, they can request a Priority Move to another unit. Documentation may be required. Examples include a restraining order and a peace bond.
The Occupancy Bylaw outlines the co-op’s response to domestic violence. Article 7.4.

Guide to Woodsworth’s Accommodation Policy for Disabilities

The aim of accommodation is to remove barriers and ensure equality.

This guide gives an overview of what you have to do to request accommodation for your disability.

If you prefer, paper copies of this guide are available in the photocopy room on the second floor or from staff.

Guide to Woodsworth’s Accommodation Policy

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On the grey bar at the bottom of each page, there is a toolbar. Use the toolbar to see that page full screen, increase the font size, or download the document to your own device.

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or download the document to your own device. Click on this icon with the down arrow.

There are also copies of this pamphlet in the Photocopy Room.

Page 1:

Guide to accommodation policy B&W online page1

Page 2:

Woodsworth’s policy and procedure

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Woodsworth’s Accommodation Policy

Procedure for the Accommodation Policy

Forms

Woodsworth has designed forms for applying for accommodation for disabilities, for medical documentation to support your request, and a form so that you can designate someone to help you with the accommodation procedure if you wish.

The forms are online and they are also available from Management and in the Photocopy Room.

https://www.woodsworthcoop.ca/index.php/accommodation-for-disabilities-request-forms/