The fight began one evening over Mr. X not cleaning his dog’s feces from the common element sidewalk of ABC condominium. Mr. Y stepped in it – and fourteen months worth of fighting, board hearings and a federal Fair Housing complaint ensued. The disagreement between Mr. X and Mr. Y escalated far beyond the bathroom […]
A Condo Board Fought a 9/11 Responder Over His Shoes. Now It Has a Bigger Problem: the DOJ (FL)
An apparently intractable conflict between a Florida condo board and a disabled 9/11 responder over him leaving his shoes outside his front door has become so toxic that the federal government has stepped in to try and resolve it. Read the entire article……………………………….
Fair Housing Laws, Disabilities and Associations (WA)
42 U.S.C. 3604 (Section 804 of the Fair Housing Act) applies to Homeowners’ Associations and Condominium Owners’ Associations. 42 U.S.C. 3604 states, in pertinent part: It shall be unlawful … to discriminate against any person in … the provision of services or facilities in connection with such dwelling, because of a handicap. … [F]or the […]
HUD Provides More Guidance on Emotional Support Animals but Little Help for Association Boards Dealing with Accommodation Requests
Condo association attorneys had long been anticipating new guidance from the Department of Housing and Urban Development (HUD) dealing with emotional support animals. That guidance was finally issued in January 2020, but it fell short of the stricter requirements practitioners had wanted. Read the entire article……………………………….
It’s Not Easy to Prove That a Co-op Board Discriminated (NY)
A couple recently submitted an application to buy into a co-op in Dumbo, Brooklyn. Despite solid financials and a sterling board package, the co-op board rejected the application. The couple’s broker speculated that the reason was the couple’s dogs, even though the building is said to be pet friendly. Read the entire article……………………………….
Virginia Fair Housing Law and Community Associations: Procedural Background and Best Practices in Handling Complaints
Many people are generally familiar with the concept that housing providers, real estate agents, and property management companies are subject to state and federal fair housing laws. However, it is important to know that community associations are also subject to those laws. State fair housing laws vary from state to state. These laws typically set […]
What the Beep?! New Law Changes Community Association Treatment of Accessible Parking Requests (VA)
For Virginia community associations, requests for accessible parking to accommodate a disability come in many forms. Requests range from asking for a designated handicap parking space to a parking space closer to one’s residence to curb cuts to reconfiguring and/or restriping a parking space. These requests involve a change in a rule or policy of […]
Condos and Reasonable Accommodations (AZ)
What is the best way to handle a disabled resident requesting a driveway extension that violates our documents? Here’s a quick fact pattern… An association receives a request for a driveway extension because an occupant of the home is disabled and needs a larger driveway for mobility. The owner provided a detailed letter from a […]
Steps Communities Can Take to Address Discrimination
Discrimination and harassment can be sensitive issues for community association boards and their managers to discuss. Association leaders should take steps to foster safety and inclusion in their communities by properly addressing discrimination and harassment complaints before they become widespread. Read the entire article……………………………….
Neighbors Claim Religious Discrimination After HOA Fines Lehi Family (UT)
A group of neighbors in Lehi sided against their homeowners association after a family was fined for their decorations celebrating Ramadan. Ahsan Ali Khan lives in an Ivory Homes community near 900 West 2800 North. The Khans are Muslim and recently celebrated Ramadan. Read the entire article……………………………….
Updated HUD Guidelines Regarding Service and Support Animals and the Reasonable Accommodation……. (WA)
On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued long-await updated guidelines to housing authorities, such as condominium associations and homeowners associations, related to service animals, support animals, and reasonable accommodation requests. A reasonable accommodation request is a tool that residents use when seeking accommodation from their housing authority to […]
Reasonable requests: Regulating assistance animals in community associations
Close to 80 million U.S. households have an animal in their home. Pets come in all shapes and sizes and provide companionship to their respective families, but there also are assistance animals that play an important role in the lives of people with disabilities and mental health issues by helping with day-to-day activities or providing […]
Feds allege Mission HOA discriminated against resident with walker who wanted to modify townhome’s sidewalk (KS)
The U.S. Department of Housing and Urban Development says the Apollo Gardens Homeowners Association in Mission refused to allow a resident to alter the sidewalk outside her townhome to accommodate her walker, then voted to remove the resident from the HOA board. The case will be heard by an administrative law judge. Read the entire […]
Handling a Housing Discrimination Complaint (GA)
The Federal Fair Housing Act makes it illegal for housing providers, which includes community associations, to discriminate on the basis of race, color, religion, national origin, sex, familial status, or disability. This is enforced by the U.S. Department of Housing and Urban Development (“HUD”). So, if one believes their rights have been violated by their […]
Recent Changes to the Fair Housing Act Aim to Further Civil Rights in Housing & Employment
This April marks the 53rd anniversary of the Civil Rights Act of 1968 (also known as the Fair Housing Act), which “prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, [and] sex” written by Senator Edward Brooke, the first African American popularly elected to the U.S. Senate. Read […]
Neighbor vs. Neighbor Feuds & the Association’s Involvement
Hatfields vs. McCoys: Does our Board Have to get involved in feuds between neighbors in our HOA/Condo? Short answer: It depends. Sorry to be vague, but, each situation between feuding neighbors needs to be carefully evaluated in light of some recent changes to Fair Housing laws. Read the entire article……………………………….
Legal Rights of HOA Homeowners
Living in an HOA has many benefits, but also requires homeowners to abide by certain rules, guidelines, and expectations. The HOA has the authority to enforce the rules, and it’s likely that homeowners will have a difference of opinion from time to time. If you’re considering purchasing a home within an HOA, you may wonder […]
Is your HOA in Compliance with Fair Housing Laws? (MN)
April is National Fair Housing Month. What a great time to review your association’s rules, policies and procedures to make sure you are in compliance with state and national fair housing laws, which prohibit discrimination in housing on the basis of a person’s membership in one or more of the protected classes. Read the entire article……………………………….
When Mental Illness Issues Intersect with Harassment Claims
WHEN IS A common area disturbance more than a passing nuisance? When a person who is mentally ill engages in harassing behavior toward others, thus elevating a simple argument into a fair housing claim. As with any situation where competing rights are involved, managing these situations requires a detailed analysis of what rights and obligations […]
Houston synagogue files federal lawsuit claiming city violating its religious rights (TX)
A synagogue in Houston has filed a federal lawsuit against the city claiming that it is violating its right to free exercise of religion by denying the right to worship in a residential neighborhood. Read the entire article……………………………….
What Federal Government Policies on Equity Mean for Community Associations
On January 20, President Joe Biden signed an executive order directing all federal agencies to advance equity. What is equity, and how will the executive order impact community associations? President Biden’s executive order defines equity as “the consistent and systemic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities […]
Fair Housing & HO Enforcement
Community association enforcement actions tend to be a conflicting topic for many homeowners and are often viewed as one of the most contentious issues they may face while living in a Homeowners Association (HOA). Additionally, the Board of Directors is faced with enforcing the association’s governing documents, while also being mindful of the Fair Housing […]
Overcoming Racism in Condominiums and HOAs
Racism can be a difficult and sensitive issue to discuss. We know it exists, but after George Floyd’s death resulted in protests and civil unrest over racial injustice in the past year, there is a keen awareness about the importance of having these difficult conversations. For community associations specifically, they may look introspectively and ask: […]
Reasonable Modifications And The Fair Housing Act—Knowing The Law Can Help Your Association Proactively Avoid Lawsuits (FL)
Did you know that homeowners have the right to request reasonable modifications to the common area if they are disabled and the proposed modification helps them use and enjoy the property as it is meant to be? The federal Fair Housing Act provides as much, and protects disabled condominium and HOA owners who may require […]
Discriminatory Practices: Is Your Association Prepared? (FL)
On September 26, 2016, Rembaum’s Association Round Up published an extremely important article regarding a community association’s potential liability when allegations by one member accuse another member of a discriminatory practice. (Click HERE to view the 2016 article). On September 13, 2016, HUD made clear that a housing provider is responsible for discriminatory practices that […]
Family can pursue discrimination lawsuit against HOA (IN)
An African American family who claims to have been subjected to race-based harassment, taunts and threats from a neighbor in their Indianapolis subdivision can move forward with their lawsuit after a federal judge denied the homeowners association’s request to toss the case. Read the article………………………………..
The FHA, ADA, & Community Associations: What Boards Need To Know (Part 2) (NC)
In a recent article, we began our discussion of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) as they relate to community associations. A large part of understanding the FHA and ADA is knowing who they protect, the provisions of those protections and what housing providers such as homeowner’s associations must […]
REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT
The Department of Justice (“DOJ”) and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the federal Fair Housing Act1 (the “Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.2 One type of disability discrimination prohibited by the Act is […]
The FHA, ADA, And Community Associations: What Boards Need To Know (NC)
The Fair Housing Act (FHA) was created to ensure that Americans receive equal treatment when seeking housing and thereby made it illegal to discriminate against people based upon certain protected classes. Closely related to the FHA, the Americans with Disabilities Act (ADA) was created to ensure that those with disabilities are afforded equal access to […]
Michigan Condominium Association found not liable for violating the Fair Housing Act and PWDCRA in request for handrail
In Estate of Romig by Kooman v Boulder Bluff Condominiums Units 73-123, 125-146, Inc, No. 347653, issued October 15, 2020 (Docket Nos. 347653 & 348254), the Michigan Court of Appeals ruled that a condominium association’s alleged denial of a request to install a railing to accommodate a disabled person did not constitute discrimination in a […]
Important Fair Housing Laws That You Should Know (IL)
Managing a property or community association is complicated. There are so many rules and regulations that you need to be aware of and it’s hard to keep track of them all. Fair housing laws are diverse like the populations they aim to protect. We often assist property managers, realtors, landlords and community associations (condo, HOA […]
Federal Judge Slaps Delray’s Seven Bridges, Litigants LaGrasso and Tannenholz (FL)
Sometimes you don’t have to make a federal case out of a federal case. That’s more or less the loud message sent today by U.S. District Judge Donald Middlebrooks who denied a joint request by the Seven Bridges Homeowners Association, Deborah LaGrasso and Rachel Tannenholz to delay their three-way over claims of anti-semitism, harassment and […]
HOA Homefront – Fair Housing violations? Restrictions on hard floors and outside play (CA)
Q: I recently bought a condo and was in the process of replacing the carpet with laminate flooring because of allergies. The HOA informed me that there is a rule prohibiting hard flooring to be installed in condominiums above another condominium. I asked the management company for the definition of “hard flooring” but have been […]
HOA Files Response To Federal Lawsuit: Homeowner Claims Discrimination For NOT Being Jewish, HOA-Required Censorship On Facebook (FL)
The Seven Bridges (Delray Beach) Homeowners Association has submitted its response to a federal lawsuit filed by a homeowner claiming that she was discriminated against for not being Jewish, that her children were verbally assaulted by a group of women who claimed priority in using a tennis court, that she was harassed by a neighbor, […]
Your HOA Board Responsibility for Housing Discrimination
The Fair Housing Act, also known as Title VII of the Civil Rights Act is a federal law which prohibits discrimination in housing and housing-related services due to race, color, religion, sex, national origin, disability, and familial status. Because the FHA applies to entities that set terms and conditions for housing and provide services and […]
Harassment of Disabled Persons is Illegal (FL)
Q: An owner reported to the board that another owner has been “harassing” him due to his physical disability and has asked the board to take action. Is this an association responsibility or a private matter between the two owners? Read the Q&A………………………………..
Understanding Accessibility Requirements for Your Association (FL)
Community managers have many responsibilities within the condo or homeowners’ associations (HOAs). One of these roles is to ensure that all local and federal laws and regulations are being followed. This includes providing reasonable accommodations for individuals with disabilities, whether physical or mental. Read the article……………………….
Dealing With Issues Of Discrimination And Harassment Between Neighbors (CA)
Unresolved disputes amongst neighbors can lead to lengthy and costly litigation. This is especially true when dealing with claims of harassment or discrimination. In a typical residential setting, the costs of these disputes, and any resulting litigation, would be borne solely by the individual homeowners. However, in a common interest development, these disputes can evolve […]
Roeland Park approves NDO amendment making racially discriminatory home owners association language, practices illegal (KS)
The Roeland Park city council on Monday evening approved an amendment to the city’s non-discrimination ordinance that outlaws discriminatroy language from Home Owners Association covenants. Read the article……………………………
Access for People With Disabilities: the Business Decision (NY)
Co-op and condo boards with commercial space in their buildings have been the targets of a wave of lawsuits. The suits, hundreds of them, have been filed by lawyers of dubious repute on behalf of clients with disabilities, claiming that the buildings’ commercial spaces don’t comply with the Americans with Disabilities Act (ADA). The goal […]
Disabled Access Can Ramp Up Lawsuits (NY)
No co-op or condo board wants its commercial spaces to be inaccessible to the disabled. But a particular type of disability lawsuit may be targeting small businesses in your building, not with any intention of seeing them made fully accessible but simply to collect a token fee for the plaintiff – and a large fee […]
What Florida Community Associations Must Know About Disability-Compliant Websites
Like it or not, many Florida condominium associations are now digital. As of January 1, 2019, Florida condominium associations with 150 or more units are required to maintain a website pursuant to Fla. Stat. §718.111(12)(g). Recently proposed legislation seeks to lower the threshold, requiring associations with 25 or more units to maintain a website and […]
Navigating New HUD Assistance Animals Guidelines
On January 28, 2020 the U.S. Department of Housing and Urban Development (“HUD”) issued new guidelines regarding “certain obligations of housing providers under the Fair Housing Act (“FHA”) with respect to [assistance] animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf Read […]
The top 3 things you must know about HUD’s new guidance on assistance and emotional support animals
On January 28, 2020, the Department of Housing and Urban Development (HUD) issued new guidance on how housing providers, such as condominium associations, homeowners associations and landlords, can comply with the Federal Fair Housing Act (FHA), 42 USC 3601 et seq. in evaluating requests for assistance and emotional support animals. HUD estimates that 60% of […]
New HUD Guidelines on Assistance Animals
Purpose:This notice explains certain obligations of housing providers under the Fair Housing Act (FHA) with respect to animals that individuals with disabilities may request asreasonable accommodations.There are two types of assistance animals: (1) service animals, and (2) other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for […]
Won’t You Be My Neighbor? Fair Housing in Your Community Association (PA)
When a board member or community manager hears the phrase “fair housing”, many thoughts come to mind regarding what this means, and how it may impact their association, but, more often than not, their perceptions are based on historical misinformation passed on to them by others who themselves did not properly understand fair housing. The […]
Snowmass couple gets $50K in service dog dispute with Creekside HOA (CO)
The Creekside Condominium Homeowner’s Association was ordered this week to pay $50,000 to a Snowmass Village couple after the HOA failed to allow a woman to stay at the complex with her service dog, a violation of the Fair Housing Act, the U.S. Attorney’s Office said Thursday. Read the article…………………………
Snowmass Village HOA settles with federal government over housing discrimination complaint (CO)
The U.S. government has entered into a consent agreement with a homeowners association in Snowmass Village after a federal complaint alleged that the group violated the Fair Housing Act by denying an emotional support dog to a resident. Read the article…………………………..
How HOAs Can Work With Disabled Residents
For the most part, homeowners association boards try to enforce the rules as uniformly as possible. They want to avoid any accusation of being unfair or treating some residents differently. But there is a time when the board must consider breaking the rules – when special accommodations are needed for someone with disabilities. They may […]
Is Your Association’s Website Exposing Your Community to Liability for ADA or FHA Violations?
Let’s face it, we do almost everything online – from shopping to paying bills. Following that trend, many community associations also conduct a lot of activity through a website, including; paying assessments, advertising sales or rentals, or posting documents, notices, minutes, and social calendars for members to easily access. In fact, the Florida legislature passed […]