Using the two-question determination is needed when a tenant’s disability isn’t obvious.

Two simple questions, big protections: handling non-obvious disabilities fairly

If you’re a landlord, housing provider, or someone who works with tenants, you’ve likely learned that not every need shows up in plain sight. A disability isn’t always visible. It can be a quiet, ongoing challenge that only shows up when a person tries to access a home, park a vehicle with a designated spot, or request a small modification to fit their life. When that happens, the goal is simple: treat every person with respect, protect privacy, and make reasonable accommodations so everyone has a fair shot at housing.

That’s where the two-question determination comes in. It’s a straightforward, respectful method designed to figure out if a disability is present and whether an accommodation is needed—without turning people into walking medical files. Let me explain how it works, why it matters, and how to put it into practice in everyday housing scenarios.

What is the two-question determination?

Here’s the trick in plain terms. When a tenant’s disability isn’t obvious, you can ask two careful questions:

• Do you have a disability as defined by the relevant fair housing laws?

• Do you need a reasonable accommodation or modification to have equal access to housing?

That’s it. No deep medical history, no medical records demanded, no peeking under the hood of someone’s life. The two-question approach is about clarity and respect. It helps landlords determine if a change—like a parking space closer to the door, a ramp, or permission for a service animal—would help the tenant enjoy housing on equal terms.

Why this approach makes sense

• Privacy first: Medical details are private. The two-question method avoids unnecessary medical intrusion while still gathering what’s needed to make a fair decision.

• Reduced bias: Instead of guessing or assuming based on appearance or behavior, the questions keep the conversation focused on needs, not diagnoses.

• Clear path to accommodation: If a disability exists and a need is present, the next step is to discuss a reasonable accommodation or modification. That conversation becomes practical, not punitive.

• Compliance and trust: Following a simple, transparent process builds trust with applicants and residents, and it aligns with fair housing principles.

When to use it (and when not to)

• Use it when the disability isn’t readily apparent. If a tenant’s need is obvious (for example, a service animal clearly assisting with mobility), you still should handle the situation with courtesy, but you may proceed with the accommodation without first asking the two questions.

• Don’t pressure or squeeze someone into sharing health details. The aim is conversation, not a dossier.

• Don’t demand medical records or a diagnosis unless the nature of the requested modification clearly requires it. Generally, documentation beyond a simple confirmation isn’t appropriate unless needed to determine a reasonable accommodation and not every case will require it.

What to say (and how to say it)

The key is to be clear, brief, and nonjudgmental. Here are sample lines you can adapt:

• “To help us serve you best, can you tell me whether you have a disability as defined by the fair housing laws?”

• “Do you need a reasonable accommodation or modification to access or enjoy housing?”

If the person says yes, move into options:

• “Great. Could you share what kind of accommodation would help you live here comfortably? We’ll discuss what’s feasible and how we can implement it.”

• “If you’d rather not share details, that’s okay. We can still talk about what you need and find a solution together.”

If the person says no, proceed with standard housing processes and keep the door open for future discussions:

• “Thanks for letting us know. If your situation changes or you’d like to revisit accommodations later, we’re here to help.”

What happens after a two-question determination?

• Assess the need: Confirm whether a reasonable accommodation or modification would enable equal access.

• Talk about options: Discuss feasible accommodations (ranging from parking adjustments to physical modifications) and determine a timeline.

• Implement with care: Put the agreement in writing, keep it simple, and ensure the resident’s privacy is protected.

• Maintain confidentiality: Store any information about disability-related needs securely and only share with staff who need to know.

• Monitor and adjust: If the initial plan isn’t perfectly suited, revisit and adjust. Flexibility is part of fairness.

Common myths and quick clarifications

• Myth: You must produce medical records to approve an accommodation.

Reality: In most cases, you don’t need medical files. A simple confirmation of disability and a stated need is usually enough to start a dialogue about accommodations.

• Myth: You should be asking for diagnoses to judge credibility.

Reality: The focus is on need, not the medical label. Ask about the specific accommodation that would help, not about the medical details.

• Myth: If someone appears private or reserved, they don’t qualify for an accommodation.

Reality: If a need exists and a reasonable accommodation can help, take the two questions seriously, listen, and offer a path forward.

A few real-world scenarios

• Scenario 1: A tenant requests a designated parking spot near the entrance because mobility is limited but doesn’t disclose any medical condition. You ask the two questions. They confirm a disability and a need for easier access. You discuss options like a reserved space with appropriate signage and a temporary permit.

• Scenario 2: A resident with a non-obvious anxiety condition asks for flexible showing times. The two-question approach helps you determine the need for priority appointment slots or quiet-showing rooms. You implement a plan that respects privacy while improving access.

• Scenario 3: An applicant has a hearing impairment and asks for written notices and a visual doorbell. The two questions lead to a modification—enhanced communication materials and a preferred notification method—without delving into personal medical details.

Training and practical tips for housing teams

• Train front-desk staff and property managers to use the two-question approach with courtesy and consistency.

• Create a simple script and a one-page policy that explains the process in plain language.

• Keep a lightweight log of requests and decisions, focusing on the accommodation and the outcome rather than personal health information.

• Ensure confidentiality measures are clear. Only share disability-related information with team members who need to know to implement the accommodation.

• Review policies periodically. A quick check-in helps catch drift and keeps the approach fair for everyone.

Where to learn more and stay aligned

• HUD—U.S. Department of Housing and Urban Development: They have clear guidance on disability-related inquiries and accommodations under the Fair Housing Act.

• Equal Opportunity offices and civil rights agencies in your state: They often provide templates, FAQs, and training materials.

• Legal aid or tenant-rights organizations: These groups can help tailor policies to your locale while staying within the law.

A closing thought

Fair housing isn’t about collecting medical histories or policing private lives. It’s about hospitality and equal access—two things that should matter in every letter and lease. The two-question determination offers a simple, respectful way to decide when an accommodation is needed and how to proceed. It keeps conversations focused on real-life needs, protects privacy, and reduces the risk of discrimination.

If you’re shaping policies for a property or you’re stepping into a role that touches housing access, this approach is a steady compass. When in doubt, pause, ask with kindness, and remember that a little flexibility can make a world of difference for someone trying to make a home. For more reading, the HUD site and state civil rights offices are reliable starting points, offering practical guidance and examples you can adapt to your community.

Key takeaways in brief

• Use two clean questions when disability isn’t obvious.

• Respect privacy; no unnecessary medical documentation.

• Focus on what accommodation would help, not on diagnoses.

• Document outcomes, protect confidentiality, and stay flexible.

• Seek ongoing training and up-to-date guidance from trusted sources.

By keeping the conversation grounded in respect and practicality, you’ll help ensure housing that’s fair, accessible, and welcoming for everyone.