Don't Require Applicant to Be Physically Able to Keep Unit Clean

Though you can require that an applicant’s unit be kept clean and free of health hazards, you can’t require that the applicant be physically able to keep the unit in such condition himself. It doesn’t matter whether the applicant himself is physically able to clean or maintain his unit. If the applicant hires or uses another individual or a service to keep the unit clean, the issue becomes whether the unit will meet the standards for your tax credit site.

Also, if an applicant who doesn’t meet your housekeeping standards is disabled and isn’t capable of cleaning his unit himself, he may request a reasonable accommodation to permit him to be able to live at the site. This means you’ll have to consider his requests for help in keeping the unit clean. For example, you may have to consider a request for a live-in aide to help with household tasks. Or if the rejected applicant is mentally disabled, you may have to reconsider your decision to reject him if he can comply with your requirements by taking medication or getting help from a social service organization or mental health professional.