DISABILITY AND THE DUTY TO ACCOMMODATE
An Example: Multiple Chemical or Environmental Sensitivities

A human rights issue that is becoming increasingly significant is the failure of housing providers to adequately accommodate the unique needs of tenants with environmental or multiple chemical sensitivities.

Individuals with these conditions are extremely sensitive to air quality and can become ill as a result of exposure to common air contaminants such as dust, perfumes, air fresheners, paint, smoke, mold, etc.

As mentioned earlier, where a tenant has an environmental sensitivity, housing providers may need to - for example - replace existing cleaning products with special scent free and non-toxic products and set up new procedures when carrying out major maintenance or renovations.

In CERA's experience, housing providers are frequently resistant to accommodating the needs of tenants with environmental sensitivities. There are probably a number of reasons for this, including the fact that multiple chemical and environmental sensitivities are generally not well understood and often incorrectly assumed to be psychosomatic, or "in the person's head."

However, a major barrier to accommodating these conditions is likely landlords' not altogether surprising reluctance to change. Frequently, accommodating a person with a disability requires a relatively simple, one time action - such as building a ramp or installing automatic doors. While these accommodations can be costly, once they are completed that is the end of it.

Environmental sensitivities, on the other hand, require ongoing accommodation. They often require the landlord to make fundamental changes to procedures that may have been in place for decades.

Essentially, these conditions require housing providers to look at everything they do in the building through the lens of the condition. Therefore, while accommodating these conditions is rarely particularly costly, housing providers may consider the need to accommodate an inconvenience.

In our experience, while it is not particularly difficult to persuade a housing provider to initially accommodate a tenant with environmental sensitivities, it is difficult to get them to establish new procedures and protocols that take into account the condition. As a result, victories tend to be short lived.

For example, a landlord may provide temporary alternate accommodation for a tenant during major renovations to the building, but then a few months later may carry out additional renovations without providing the tenant with adequate notice or an offer of accommodation. The advocacy must then start all over again.

As environmental and multiple chemical sensitivities because increasingly prevalent, it will be extremely important to help housing providers better understand the conditions and work with them to permanently change their practices. Any assistance that tenants and advocates can provide to ease this along - such as by recommending appropriate cleaning products, etc. - will likely be invaluable.

The Social Component to Disability: "Social Handicapping"

Defining Disability

What is the Duty to Accommodate?

What are the Principles of Accommodation?

Determining Undue Hardship

What are the Obligations of the Person Requiring Accommodation?

Limitations of the Accommodation Principle

An Example: Multiple Chemical or Environmental Sensitivities

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