Learning from your mistakes is a valuable trait, but let’s be real: learning from other people’s mistakes is even better (and less expensive). When it comes to the federal Fair Housing Act (FHA), we often talk about the dos and don’ts, best practices, and recommended procedures to make sure we stay on the right track. […]
WATTS v. JOGGERS RUN PROPERTY OWNERS ASSOCIATION INC (2025)
In this appeal, we are presented with the question of whether Sara Watts, an African American woman who sued her former homeowners’ association, the Joggers Run Property Owners Association (the “Joggers Run HOA” or “HOA”), presented plausible claims under the Fair Housing Act (“FHA”) and the Civil Rights Act to overcome the HOA’s motion to […]
HOA pauses parking violations after family’s concerns over disability accommodations (TX)
A Brazoria County couple is expressing frustration after receiving multiple parking violation notices from their homeowner’s association (HOA), particularly during a critical time when they were preparing to take their son, who uses a wheelchair, to the hospital. “It’s just mind boggling,” homeowner Matt Coe said. “We’ve had no issue for so long, and now […]
Federal Investigators Were Preparing Two Texas Housing Discrimination Cases — Until Trump Took Over
The government spent years probing allegations that a Dallas HOA created rules to kick poor Black people out and that Texas discriminated against minority residents in Houston after Hurricane Harvey, only to suddenly reverse course under Trump. The findings were stark. In one investigation, the U.S. Department of Housing and Urban Development concluded that a […]
Recent Mass. Court Decision Clarifies Condo Association Obligations
Who is responsible for paying the expense of reasonable modifications when a condominium owner is disabled and requires modifications to the property in order to enjoy full use of their premises? Until recently, based on a 2010 decision by the Massachusetts Commission Against Discrimination (MCAD), condominium associations were required to pay the cost of reasonable […]
Is Your Condo Association Compliant with Illinois’ New Accessible Parking Law?
On January 1, 2025, Section 18.12 of the Illinois Condominium Property Act went into effect. This new section, which applies only to condominium associations, requires all condominium associations that have parking to adopt a policy that addresses how to reasonably accommodate a unit owner who is disabled and requires an accessible parking space to ensure […]
HOA Homefront: Should we have handicapped parking? (CA)
Q: My wife has a handicapped decal on her license plate. Although she has mobility issues and has a tough time getting in and out of her car when it is in the garage, she was told that ADA rules do not apply in private communities, and if she parks her car in the parking […]
U.S. Attorney’s Office Obtains $162,500 Settlement Compensating Victim of Fair Housing Act Discrimination (HI)
Kenneth M. Sorenson, Acting United States Attorney for the District of Hawaii, announced a settlement of $162,500 resolving the United States’ lawsuit under the Fair Housing Act (“FHA”) against Kailua Village Condominium Association (“Kailua Village”), its Managing Agent, Associa Hawaii, the sellers of a Kailua Village condominium unit, and the sellers’ realtor. Read the article…………………………….
Justice Department Settles Fair Housing Lawsuit in Nebraska Against the Latvian Tower Condominium Association and Its Former President
The Justice Department’s Civil Rights Division today announced an agreement with the Latvian Tower Condominium Association Inc. and its former president, Karl Tegtmeyer, to settle allegations of discrimination against families with children. Under the consent decree, which must still be approved in federal court in Omaha, Neb., the defendants must pay $112,500 to victims of […]
Can 55+ Communities Avoid Compliance With Federal Laws Which Prohibit Age and Familial Status Discrimination?
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that their various rules regulating or prohibiting youngsters’ use of the association’s facilities may run […]
The Fair Housing Act (FHA): Impact to Community Associations
The Fair Housing Act (FHA), enacted as part of the Civil Rights Act of 1968, prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. FHA provisions also impact condominium, homeowner (HOA) and townhome community associations. Read the article…………………………….
Handling Reasonable Accommodation Requests in Your HOA
An HOA plays the central role in fostering an inclusive and welcoming community for all residents. This includes understanding and fulfilling your obligations under the Fair Housing Act (FHA) when it comes to reasonable accommodation requests from residents with disabilities. Read the article…………………………….
Can 55+ Communities Avoid Compliance With Federal Laws Which Prohibit Age and Familial Status Discrimination? (FL)
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that their various rules regulating or prohibiting youngsters’ use of the association’s facilities may run […]
North Texas HOA charged with discrimination for trying to kick out low-income renters
Federal officials accused a North Texas homeowners association of discrimination for trying to kick out residents who receive government assistance to pay rent. The U.S. Department of Housing and Urban Development charged the Providence Village Homeowners Association, a small community in Denton County, with discriminating against Black residents. Read the article…………………………….
Fair Housing and Emotional Support Animals
In Oregon and Washington, as in the rest of the United States, condominium associations and other housing providers are generally required to allow emotional support animals (ESAs) under certain conditions, even if their policies typically restrict pets. This requirement stems from the Fair Housing Act (FHA), a federal law that prohibits discrimination in housing based […]
Backyard battle: Fence dispute sparks $200K lawsuit, forcing neighbors to pay up (WI)
A group of neighbors in De Pere are now tangled in a lawsuit over what someone wanted to build, but others disagreed with — and the dispute has gotten expensive. It’s not often a simple backyard fence can lead to so much trouble, but for one family and their neighbors, it’s turned into a five […]
Condominium Association’s Refusal to Pay for Unit Modification Is Not Handicap Discrimination (MA)
In Geezil v. White Cliffs Condo. Four Ass’n, 105 Mass. App. Ct. 103 (2024), the Massachusetts Appeals Court held that an association of condominium unit owners was not responsible for the expense of accommodating an individual unit owner’s handicap modifications to a patio that was exclusively dedicated to the plaintiff’s unit but considered common area […]
Disability Discrimination Under the Fair Housing Act
As directors and managers of community associations, it is likely that you are very familiar with disability-related requests for reasonable accommodations under the Fair Housing Act, particularly requests for accommodation to pet restrictions so that a disabled person may have an assistance animal within the community. However, the failure to grant reasonable accommodations is not […]
Racial housing discrimination over Virginia Beach condo sale focus of new $1.3 million nationwide education campaign
A woman who was the victim of racial housing discrimination after attempting to purchase a condo in Virginia Beach will be the face of a $1.3 million federally funded nationwide campaign to educate others about housing resources. Read the article…………………………….
Settlement reached in racial housing discrimination dispute over Virginia Beach condo sale
A Black woman who faced racial discrimination when seeking to buy a condo near the Virginia Beach Oceanfront this May has “resolved” her dispute with local real estate agency RW Towne Realty and their client, 13News Now has learned. Read the article…………………………….
Appeals Court Says Mass Condo Associations Don’t Have to Pay for Fair Housing Modifications (MA)
A Massachusetts Appeals Court has rejected a long-standing interpretation of the Massachusetts state statute (which prohibits housing-related discrimination) that required condo associations in many cases to pay for common area modifications requested by disabled owners and residents. Read the article…………………………….
Publications For NYC Co-ops & Condos: Fair Chance for Housing Act Effective January 1
We urge our clients to consider new legislation which profoundly impacts admissions practices in community associations in New York City. The legislation, popularly known as the “Fair Chance for Housing Act,” becomes effective on January 1, 2025. The provision primarily applies to cooperative boards as they are directly involved in interviewing candidates for admission to […]
Disability Discrimination Under the Fair Housing Act
As directors and managers of community associations, it is likely that you are very familiar with disability-related requests for reasonable accommodations under the Fair Housing Act, particularly requests for accommodation to pet restrictions so that a disabled person may have an assistance animal within the community. However, the failure to grant reasonable accommodations is not […]
New York City’s Fair Chance Housing Act: A Guide for Co-ops, Condos, and HOAs
New York City recently passed Local Law 24, also known as the Fair Chance Housing Act, which prohibits housing discrimination based on criminal history. The law will go into effect on January 1, 2025. The law applies to all housing providers, including co-ops, condos, and HOAs. It significantly impacts how these organizations conduct background checks […]
What Is the Discriminatory Effects Rule Under the Fair Housing Act?
The Fair Housing Act (the “FHA”) prohibits housing discrimination because of an individual’s race, color, religion, sex (which includes both gender identity and sexual orientation), disability, familial status, or national origin. The most obvious form of housing discrimination is an action, omission, or policy that is intended to discriminate on the basis of one of […]
Can condo president refuse to call for elevator repair on weekends, stranding disabled folks? (FL)
Question: My wife and I have resided in an over-55 condominium for more than 20 years. There are five similar buildings each with four floors and eight condominiums per floor. Each building has one elevator that services the thirty-two owners. Many of us have mobility limitation — e.g. walkers, wheelchairs and other physical limitations that […]
Seventh Circuit Court of Appeals Holds Community Association Not Liable for Discriminatory Remarks Made by Board President (IL)
Community associations are required to comply with the federal Fair Housing Act. The Fair Housing Act protects owners and occupants in community associations from discrimination based on race, color, religion, sex, national origin, familial status, and disability. In Illinois, community associations must also comply with the Illinois Human Rights Act which prohibits discrimination against any […]
Reasonable Accomodations (IL)
For years, owners and occupants have had the right to request reasonable accommodations or modifications from community associations to allow disabled individuals to fully use and enjoy their units, with assistance animal requests being the most common. Starting January 1, 2025, a new section (18.12) of the Illinois Condominium Property Act will require boards to […]
Handling Discrimination and Fair Housing Issues in Condo Associations
Condo associations are bound by federal and state fair housing laws designed to prevent discrimination and promote equal housing opportunities for all residents. Understanding these laws and implementing non-discriminatory practices is essential for board members and property managers in Florida to maintain compliance and protect residents’ rights. Read the article…………………………….
Division on Civil Rights Announce Enforcement Actions for Alleged Harassment in Housing Based on National Origin and Sex (NJ)
Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) announced today that DCR has issued Findings of Probable Cause in a matter where a resident living in a condominium at The Summit in Neptune repeatedly harassed a neighbor on the basis of national origin and sex in violation of the New Jersey […]
Marijuana Use in Community Associations: Legal Guidelines and Fair Housing Considerations (FL)
As of July 2024, marijuana is legal in 38 of 50 states for medical use and legal in 24 states for recreational use. In 2016, Florida voters approved medical marijuana. In November 2024, Floridians will have the right to vote to legalize marijuana for recreational use in the State of Florida. Read the article…………………………….
Rutherford Co-op to Pay $165,000 for Violating Fair Housing Act (NY)
How much are a couple of parrots worth? If they’re support animals for a person with a disability, as the shocked residents of the Rutherford co-op near Gramercy Park just learned, they’re worth $165,000 in damages plus $585,000 for the shares of the disabled person’s apartment. Read the article…………………………….
New Accessible Parking Requirements Passed Into Law: What Do Illinois Community Associations Need To Know?
On August 9, 2024, new accessible parking requirements for Illinois condominium associations were signed into law by Governor Pritzker. The new law, which amends the Illinois Condominium Property Act, imposes certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” This change in the […]
How HOAs can avoid discrimination claims
Homeowners associations (HOAs) play a crucial role in upholding standards and maintaining the quality of life in their communities. However, bearing such a responsibility often comes with challenges. Many HOAs are not new to disagreements and litigation. Read the article…………………………….
A Black veteran accused his new Myrtle Beach neighbors of harassment. 1 was arrested (SC)
Eugene Gary didn’t know his neighbors when he moved to the Wave Rider Resort on March 1. At 69 and recently homeless, the Black Marine Corps veteran was just relieved to find housing. Gary had been living in a Camden hotel after a series of hardships: breaking his hip on some icy steps in 2013, […]
NJ condo discriminated against (resident) with disabilities, state says
In Bergen County, a resident of the Saddle River Estates condominium complex filed a complaint against the condo association and its management company, One Madison Management Corp., for discrimination, the state said. The resident, who has a disability, asked to keep his car in his assigned parking space during snowstorms for easier access to his […]
Jury awards $9 million to disabled tenant who was denied parking at luxury condos (CA)
A federal jury in Los Angeles decided Thursday that a disabled Long Beach woman was owed $9.25 million in damages after they found she was for years systematically denied an accessible parking space at her beachfront condominium. Read the article…………………………….
Emotional Support Animals: All Bark and Bite A Community Association Perspective (FL)
The Federal Fair Housing Act 42 USC 3601 (the “FHA”) requires housing providers to modify or make exceptions to policies governing animals when it may be necessary to permit persons with disabilities to utilize animals. The FHA prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. Read the […]
Pasadena law firm unveils plan to address past involvement in segregated housing policies (CA)
Herbert Hahn, a former managing partner of Hahn & Hahn, spearheaded the controversial Pasadena Improvement Association with former Pasadena Mayor A.I. Stewart. The organization, made up of prominent businessmen and bankers, was established in 1939 to create White-only housing covenants that blocked people of color from owning properties. Read the article…………………………….
Kids, Pools and Problematic Rules – a Fair Housing Reminder (MN)
As the weather gets warmer, pools open, children get out of school for the summer and people spend more time outdoors and engaging in recreational activities. Associations want to make sure that everyone is safe and has access to common area amenities, but too often we see rules adopted by boards that violate fair housing […]
Co-op and Condo Boards Can Face Suits Over Accommodation Refusals (NY)
Co-op and condo boards must make reasonable accommodations for a host of “protected classes” — or face potentially crippling charges of discrimination. As one New York City co-op board learned recently, those protections extend to religious practices. Read the article…………………………….
How HOAs Can Harmoniously Support Disabled Residents
Homeowners Associations (HOAs) play a pivotal role in shaping the living experience within residential communities. This responsibility includes fostering an inclusive and accommodating environment for all residents, including those with disabilities. As communities become more diverse, it’s crucial for HOAs to understand their obligations and best practices in supporting disabled residents. This involves making thoughtful […]
Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL)
The Illinois General Assembly has passed legislation adding Section 18.12 to the Illinois Condominium Property Act, requiring all condominiums with parking to implement policies for accessible parking access for disabled owners. The legislation mandates condominium boards to adopt a written policy within 90 days of its enactment, which will take effect 90 days after Governor […]
Association requires grass and daughters are allergic to grass (FL)
His daughters are allergic to grass. He wants to remove it and put down artificial turf. Sounds simple enough. But the association said not so fast so he turned to Help Me Howard with Patrick Fraser. Heron Bay is a big community in Parkland. A nice place where Carlos wanted to raise his girls. Read […]
United States Files Fair Housing Act Lawsuit Against Toll Brothers And Related Entities
Damian Williams, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal Fair Housing Act (“FHA”) lawsuit against TOLL BROTHERS, INC. and TOLL BROTHERS REALTY TRUST (collectively, “TOLL BROTHERS”), relating to their failure to design and construct new apartment buildings so as to be […]
Illinois Legislature Approves New Accessible Parking Requirements: What Do Illinois Community Associations Need to Know?
On May 24, 2024, the Illinois legislature approved legislation to amend the Illinois Condominium Property Act (“ICPA”) to impose certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” If the proposed legislation is signed by Governor Pritzker or not vetoed by Governor Pritzker […]
Loggers’ Run Boca Raton, Campbell Property Management Facing Federal Discrimination Lawsuit (FL)
The Loggers’ Run homeowners association and Campbell Property Management allegedly conspired in acts of Antisemitism to prevent a Jewish family from opening a Chabad in the community and from sharing Jewish education with others in their home. The federal discrimination lawsuit alleges violations of the Fair Housing Act. Read the article…………………………….
Co-op and Condo Boards Must Accommodate Hearing-Impaired Residents (NY)
Co-op and condo boards are required by federal, state and local laws to make reasonable accommodations for residents suffering from a long list of disabilities. Failure to do so can result in potentially crippling financial penalties. One disability that draws little attention recently caused a problem: hearing impairment. Read the article…………………………….
Making Your Property Accessible
In both condos and apartments, owners and homeowner associations are responsible for making their properties accessible to all people. There is a responsibility to address all kinds of requests and grant them as long as they don’t burden your operations. Let’s take a look at how to best address making your property accessible whether you […]