a. (§19.17) Generally
Disability discrimination includes the refusal to make reasonable accommodations in rules, policies, practices, or services, when the requested change is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. Section 213.040.2(2), RSMo Supp. 2017; Radecki v. Joura, 114 F.3d 115, 117 (8th Cir. 1997). Examples of reasonable accommodations may include allowing a blind tenant to keep a seeing eye dog despite a "no pet" policy or reserving a parking space near the building for a mobility-impaired tenant despite a general "first-come/first-served" parking policy. Section 213.040.2(2); Radecki, 114 F.3d at 117; Shapiro v. Cadman Towers, Inc., 51 F.3d 328, 336 (2nd Cir. 1995). Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation, such as a security deposit or monthly rent for keeping a service or assistance animal, or a monthly fee for the parking space. Intermountain Fair Hous. Council v. CVE Falls Park, L.L.C., No. 2:10-cv-00346-BLW, 2011 WL 2945824, at *6 (D. Idaho July 20, 2011).
A person must meet the statutory definition of disability to be entitled to a reasonable accommodation. Section 213.040.1(7). It may seem axiomatic, but the individual, or someone on their behalf, must also make a request. Schwarz v. City of Treasure Island, 544 F.3d 1201, 1219 (11th Cir. 2008). A request is not required to be made in a particular manner or at a particular time, such as the time of application, and no "magic words" are required. Nelson v. Long Reef Condo. Homeowners Ass'n...
