After five years of work and hearings, the California Fair Employment and Housing Council has completed what appears to be the first state Fair Housing regulations in the country. While in the short space of this column a thorough summary of said regulations is impossible, here are some highlights for associations and their managers to […]
4-year-old boy, his family unhappy over $150 fine for playing outside LI condominium (NY)
Outdoor play is a necessary part of a child’s life. But try telling that to Marie Dellafranca, vice president of South Shore Villas Condominium Association at West Babylon, Long Island. On May 20, 2019, she sent a warning letter to condo owners Robert and Angelica Parker. Their 4-year-old son Liam loves riding his tricycle and […]
The Lurking Danger of Association Websites; Accusations of Discrimination (FL)
Very recently, more and more condominium and homeowner associations find themselves as potential defendants in Federal Fair Housing Act (the “FHA”) discrimination litigation due to the association’s website. It is alleged that the failure to make the website easily accessible to those with visual impairments or who are blind is discriminatory. In short, the FHA […]
Lakewood’s Enclave homeowners association ordered to pay Orthodox Jewish plaintiffs $86,000 for lawyer bills (NJ)
The Enclave at the Fairways Homeowners Association must pay some $86,000 in legal fees incurred by Orthodox Jewish residents who sued the organization for religious discrimination in a 2017 case. Read the article…………………………
The Evolving Landscape of Sex Discrimination in Housing
On its face, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission is a discrimination claim solely relegated to the employment world; however, the United States Supreme Court’s decision on whether sex discrimination includes a person’s transgender or transitioning status and a person’s refusal to conform to sex-based stereotypes will also impact […]
Housing lawsuit: Family size is a civil right (MI)
A West Michigan family found themselves locked out of a prospective home, told they have too many kids to live there. Now they are suing. The Iacopellis are four kids strong, with two boys and two girls between 1 and 9 years old and another boy coming at the end of February. In April, Matt […]
Lawsuit claims homeowners association document only allowed ‘Caucasian gentiles’ (MI)
A Berrien County homeowners association is being sued over language used in original state and county documents that stipulated homeowners be “Caucasian gentiles” and “good Christian neighbors.” Read the article…………………………
Does a Condominium Association have to make reasonable modifications to accommodate a person with disabilities? (FL)
If a Unit Owner who suffers from a disability which impairs mobility requests the installation of a ramp on the common elements, or some other structural modification to permit him/her the beneficial use and enjoyment of the property, is the Association obligated to comply Read the article……………………..
What About the Children? HOA Age Restrictions and FHA Proscriptions
Restrictive covenants in homeowners’ associations are not unusual—nearly every community has them. For homeowners, the restrictions are something of a trade-off. You accept a limitation on how you can use your property because, if everyone else in the community does, too, the neighborhood as a whole will be better off. ‘If we all agree to […]
Can an Association Create and Enforce Rules that Only Apply to Children? (CA)
Asked – Our Association is seeking legal guidance regarding children playing in the common areas and driveways. Several homeowners have complained about the number of children playing without supervision. Drivers report their concern for the children’s safety as there have been several reports of children almost hurt. The Board would like to know if they […]
Americans With Disabilities Act (“ADA”) Accessibility for Websites
It is unclear from the current case law, guidance, and the ADA, whether a condominium association, with short term stays of thirty (30) days or less, must provide an accessible website for people with disabilities. One of the only cases to address this situation is Dunn v. Phoenix West II, LLC, et al., 2016 WL […]
Brooklyn condo discriminated against people with disabilities, HUD alleges (NY)
The U.S. Department of Housing and Urban Development announced charges Monday against developers and architects of a Brooklyn condominium that allegedly discriminated against people with disabilities. The charges name Toll Brothers, Greenberg Farrow Architecture and others involved with the design and construction of North 8 Condominium — a 40-unit residence in Williamsburg. Read the […]
Brooklyn condo discriminated against people with disabilities, HUD alleges (NY)
The U.S. Department of Housing and Urban Development announced charges Monday against developers and architects of a Brooklyn condominium that allegedly discriminated against people with disabilities. The charges name Toll Brothers, Greenberg Farrow Architecture and others involved with the design and construction of North 8 Condominium — a 40-unit residence in Williamsburg. Read the article…………………………
Housing providers may be prohibited from rejecting renters on basis of arrest record (FL)
I’m writing to you today because of a recent denial I received from a condominium association. Upon going through the process of having my background checked for a rental application, one of my credit reports turned up four evictions. The evictions and the address that the evictions were tied to did not belong to me. […]
HOA Dispute Over Backyard Playset, Other Amenities Snowballs Into Federal Lawsuit
As was chronicled in a recent article in the Gainesville Times newspaper, Martin Moreira and his wife Zulema filed suit against the Pointe West Homeowner’s Association after their plans for a backyard makeover were nixed by the association. They filed the discrimination complaint in federal court in April after the HOA had issued fines and […]
ADA and Community Associations: Best Practices in Handling Requests (VA)
Most people are generally familiar with the concept that hotels, restaurants, and other places of public accommodation are subject to the Americans with Disabilities Act (“ADA”). However, as we have mentioned before on this blog, community associations can fall under the scope of the ADA as well. Read the article………………………..
Discrimination Complaints: How to Avoid Them and How to Respond to Them (NC)
It is becoming more and more common for Community Associations, at some point in time, to have discrimination charges filed, or threatened to be filed, against them. Most of the time, such threats and charges are the direct result of the association enforcing the terms of its governing documents and compelling residents to do something […]
Covenants barred blacks, Jews (OH)
The Fair Housing Act of 1968 outlawed discrimination in housing sales and rentals across the United States. But the remnants of racism past still exist in many housing association documents, as one woman recently discovered. Read the article………………………New London resident Amy Bond posted on Facebook Friday an image of covenants — rules or restrictions — […]
Staying Out of the “Dog House” – How to Handle Reasonable Accommodation Requests Under the Fair Housing Act (FL)
Owners living in pet restricted communities are becoming increasingly frustrated when they see other owners walking a dog or taking their dog to the pool. While it may feel like these owners are “breaking” the rules it is important to remind our frustrated owners that community associations are considered housing providers under the Federal Fair […]
HUD Order Settles Claims of Discrimination Against Hudson Harbour Condominium Association In Edgewater (NJ)
The U.S. Department of Housing and Urban Development (HUD) announced today that Hudson Harbour Condominium Association in Edgewater, New Jersey, will pay $30,000 pursuant to a Consent Order resolving allegations that they discriminated against a resident with disabilities by denying her the right to have a dog as an assistance animal. Read the Order. Read […]
Headstrong HOA Board Member Puts Himself in Harm’s Way Over Fair Housing Issues (DC)
In a recent case decided by the D.C. Court of Appeals, the court heard a matter involving the intersection between community association governance and fair housing law. In this case, Wilfred Welsh, a board member of the Chaplin Woods Homeowners Association (the “HOA”), sued fellow HOA members Beverly McNeil and Alvin Elliott (the “McNeils”), claiming […]
Another Fair Housing Case for Community Associations to Swim Around (FL)
The Federal Fair Housing Act, 42 U.S.C. 3601 prohibits housing providers from discriminating on the basis of race, color, national origin, religion, sex, marital status and disability. Most states, including Florida, have their own anti-discrimination laws, such as the Florida Fair Housing Act. In Florida, community associations are bound by both the Federal and Florida […]
Christian requirement at Northern Michigan resort illegal, federal government says (MI)
The federal government will oversee a Northern Michigan cottagers’ association that had required prospective cottage owners to be practicing Christians. The Bay View Association of the United Methodist Church, an idyllic resort near Petoskey, amended its bylaws last year after membership overwhelmingly rejected the requirement that only church-going Christians could join the association, required for […]
Associations are Only Required to Make Reasonable Accommodations, Not All Accommodations
This is a post about reasonable accommodations that does not involve an emotional support animal. I cannot remember the last time I did not write about dogs. Recently, the Pennsylvania Federal Courts ruled that an Association does not need to provide the exact accommodation requested, if the Association offers accommodations that achieve the same function. […]
How Does the Fair Housing Act Affect Your HOA
The U.S. Justice Department states that the Fair Housing Act applies to “individuals, corporations, associations, and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services.” HOAs fall under the umbrella of the Fair Housing Act and should take […]
Service Animals & Emotional Support Animals in HOAs: Rules, Laws, and Rights
Animals are very much a part of our families. Most of us enjoy animals as personal pets but for some, animals provide important service. There is a fine line between service animals, emotional support animal, and pets. Understanding the difference is important for enforcing pet restrictions in your HOA. Associations must follow federal laws yet […]
Avoiding Religious Discrimination Claims in Condominiums and HOA’s
The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs. 42 U.S.C. §3604 provides in pertinent part: Read the article……………………..
Fair Housing & Religious Accommodation: Curto v. A Country Place Condominium Association, Inc.
Sometimes, a community association tries to accommodate religious preferences and ends up discriminating on another basis. That is what happened in Curto v A Country Place Condominium Association, Inc., according to the U.S. Court of Appeals for the Third Circuit in a New Jersey condominium case handed down yesterday. In this case, the condominium had […]
Use of pool by minor rule could be discriminatory (FL)
Q: Our community has maintained a long-standing rule that you must be 18 or older to use the pool unaccompanied, and if you are under the age of 18, you must have a parent with you. A purchaser with children is claiming this rule is discriminatory. Is he right? https://www.naplesnews.com/story/money/real-estate/2019/05/25/use-pool-minor-rule-could-discriminatory/3756611002/
Special Client Letter – Requests For Reasonable Modifications And Accommodations And Emotional Support Under The Fair Housing Act (MD)
Over the years, many clients have asked our office to provide guidance concerning homeowners’ requests for reasonable modifications and/or accommodations under the Federal Fair Housing Amendments Act of 1988 (the “FHAA”). And, more recently, as you may have seen in the news, there is a significant increase in the use of emotional support animals (“ESAs”) […]
Common Sense Rules Regarding Children at Play May Violate Federal Fair Housing Law
It is getting warmer out (slowly) and your association may be reviewing your recreation and pool rules, especially those regarding children, to get ready for the summer season. In the summer there are children out of school playing around and about the complex, and everyone swimming in the pool. Be careful in making rules specifically […]
Lakewood Condo Pool Sex Segregation Discriminatory, Court Rules (NJ)
Swimming pool use times that are segregated by sex at a Lakewood condominium complex have been ruled discriminatory by a federal appeals court. In a ruling issued Monday, the U.S. Court of Appeals for the Third District ruled unanimously in overturning a lower court’s summary judgment that a schedule of segregated pool use times at […]
Are condo associations legally required to provide handicap parking? (FL)
He fought to overthrow Fidel Castro a long time ago, and now he is in another battle to get a parking space close to his apartment. He says he needs it, but does the complex have to give it to him? It’s tonight’s Help Me Howard with Patrick Fraser. Read the article……………………..
Are Homeowners Associations and Condominium Associations Subject to the Americans With Disabilities Act?
We frequently get asked what special steps must be taken by associations to be compliant with the Americans with Disabilities Act (ADA.) In many cases our association clients are not subject to the ADA but it depends heavily on who they allow to use the common area and amenities. Read the article………………………
HOA violates the Fair Housing Act by denying a service animal in the clubhouse
In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association. Based upon the facts of the case, the court […]
Lakewood community unlocks gate for Orthodox Jews after Sabbath complaint (NJ)
An Orthodox Jewish man has struck a deal with his homeowners’ association to unlock a pedestrian gate key to Jewish observances at the 55-and-over community in Lakewood, ending a dispute that served as another cultural flash point in the fast-growing township. Read the article………………….
HOA responsibilities for homeowners being sexually harassed by other homeowners (CA)
Homeowner associations are notorious for issuing notices for the smallest infractions, so why are they silent when it comes to sexual harassment? The California Department of Fair Employment and Housing (“DFEH”) receives and investigates fair housing complaints based on numerous protected statuses. In 2017, a total of 212 claims were filed that alleged sex or […]
HUD Demonstrates Continued Commitment to Aggressive Enforcement of the Fair Housing Act
Fifty years after the passage of the Fair Housing Act, the United States Department of Housing and Urban Development (HUD) continues to demonstrate a strong commitment to Fair Housing, both through the support of private enforcement and through its own public enforcement. HUD recently announced that 80 non-profit organizations committed to fair housing will receive […]
Avoiding Religious Discrimination Claims in Condominiums and HOA’s
The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs. 42 U.S.C. §3604 provides in pertinent part: Read the article…………………..
Condominium and Homeowner Associations Must Abide by Amended Federal Fair Housing Act Regulations
The Fair Housing Act (FHA) was amended in 2016 to prohibit quid pro quo (“this for that”) and hostile environment harassment in connection with the sale, rental and availability of housing. Pursuant to 24 CFR Section 100.7(a)(1)(iii), the amendment also applies conduct by a third party. Read the article……………………
HOA calls disabled veteran’s claims that he can’t install ramps at his house not true (TN)
He says the HOA won’t let him put in ramps around his house because they don’t look good, but the HOA says that’s not true. “Under no circumstances are we, the homeowners’ association, would deny anybody handicapped access. Never,” Bundren said. Bundren is the treasurer of the HOA and says they’ve done their best to […]
Trapped in their own homes: Disabled residents denied needed modifications by HOAs (TN)
“He has to put his leg on and take one step at a time,” Selross Adams said. “The garage is the only place there’s a rail he can hold on to.” Two federally approved wheelchair ramps, which would be safer to use, are folded up and stacked against the garage wall. The Department of Veterans […]
Ellsworth Mews Townhomes is accused of discriminating against a resident who has a disability (PA)
Residents are suing a townhouse/condominium association, citing alleged breach of contract, disability discrimination and retaliation. John Doe, Jane Doe and Mary Doe filed a complaint on Jan. 25 in the U.S. District Court for the Western District of Pennsylvania against Ellsworith Mews Townhomes Condominium, aka Ellsworth Mews Townhomes Association and others for alleged violation of […]
HOA Homefront: Can you ban children under 13 from a community pool?
Q: I recently read your earlier article on fair housing laws being violated by HOAs trying to enforce state-mandated signs that prohibit children from using HOA pool and spa. We have a large sign at the spa in our community pool section stating “children under 14 are prohibited from using the spa.” It’s just a […]
HOA Homefront – Fair or unfair housing?
Q: I recently read your earlier article on Fair Housing laws being violated by homeowners associations trying to enforce state-mandated signs that prohibit children from using HOA pool and spa. Read the Q&A………………….
HUD Resolves Disability Discrimination Case Complaint Against Condominium Association in New Jersey
Last week, the U.S. Department of Housing & Urban Development (HUD) issued a press release to announce it resolved a disability discrimination case in November 2018 filed against a New Jersey age 55 and over condominium association involving claims that the condo association violated the Fair Housing Act (FHA) by refusing to sell a couple […]
’Fair housing’ creates challenge to remove aggressive neighborhood dog (NC)
In the Chapman house, four-legged friends are part of the family. Like their dog Bailee. “He loved his walks,” Jennifer Chapman says. But on a recent walk, they say Bailey was attacked by the Rottweiler across the street. He didn’t survive. “I immediately tried to pull him, and started screaming,” Chapman says. “[The dog] went […]
FHA Requests for Reasonable Accommodations and Modifications (AZ)
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. In a community association context, a common example […]
HUD accuses Denver condo of discrimination (CO)
The HUD complaint states the six-story building with 164 units, discriminates against handicapped people by violating wheelchair accessibility codes under the federal Fair Housing Act. Read the article………………..
HUD Brings Disability Discrimination FHA Charge in New Jersey Related to Restrictions on an Assistance Animal
Late last month, the U.S. Department of Housing & Urban Development (HUD) charged a condominium association in New Jersey with disability discrimination in violation of the federal Fair Housing Act (FHA). According to HUD, the complaint asserts that the condominium required that a resident (with vision and hearing impairments) use the service door (as opposed […]