The U.S. Department of Housing and Urban Development has charged the operators of a 556-unit, high-rise condominium tower located in Long Beach, Calif., with discriminating against a homeowner because of disability by refusing to provide her a permanent parking space to accommodate her wheelchair-accessible van. Read the article………………………..
Pataskala woman alleges HOA is discriminating against her based on race, disabilities (OH)
A Pataskala woman being sued by her homeowners association for operating a home daycare alleges the HOA is discriminating against her based on her race and disabilities and violating Ohio fair housing laws. Read the article………………………..
Black family says Katy real estate agent denied them condos over race: ‘They wouldn’t get along’ (TX)
A Black family is suing two real estate brokerages and a real estate agent after the agent refused to sell a unit to them in a new Katy condominium building, according to a federal lawsuit filed Friday in Houston. Read the article………………………..
Parking and Requests for Accommodation (CA)
Parking accommodation requests bring about a particular set of issues and questions. What requests are reasonable? If the board deems a request reasonable, who pays for the modification? What if parking spots are so limited in the community that accommodating the request seems impossible? What to do? Read the article………………………..
Split 7th Circuit allows racial housing-discrimination claims to proceed against individuals but not Kokomo HOA (IN)
A Black couple subjected to racist harassment from their neighbors may proceed to jury with their racial housing discrimination claims, a split 7th Circuit Court of Appeals has ruled. A dissenting judge, however, argued that a nexus between discriminatory treatment and an adverse housing action was lacking in their claims. Read the article………………………..
Wyoming HOA charged with Fair Housing Act violation
The U.S. Department of Housing and Urban Development (HUD) charged Spring Creek Homeowners Association, the governing body of approximately 131 residential housing units in Jackson, Wyo., with discriminating against two homeowners because of disability by imposing restrictions on their assistance animals and retaliating against them for filing a Fair Housing Act complaint. Read the article……………………….. […]
HOA legal battle over ‘adult swim time’ at Steele Creek neighborhood pool (NC)
An interesting back and forth has come up revolving around a community pool in Steele Creek, and it could come with a price. Queen City News obtained details of a recent homeowners’ association meeting in The Crossings neighborhood, which revealed that one of the board members had filed a complaint, saying that ‘adults only’ swimming […]
Legal issues with trying to prohibit ‘group homes’ (MI)
Q: Some people in our subdivision have concerns about an adult foster care facility (sometimes referred to as a “group home”) operating in the community and are asking the Board of Directors of our community association to draft a proposed amendment to our governing documents prohibiting group homes. It seems to me there may be […]
Chick-fil-A Billionaire’s Studio Utopia Hit With Racism Lawsuit (GA)
The residents accuse Trilith leadership and the homeowners association of not adequately responding to racist incidents and trying to sweep them under the rug. One prominent example, they say, occurred on March 9, 2022, when Robyn Walensky, a journalist at 95.5 WSB who lives at Trilith, referred to her neighbor, Carmen Key, and another resident […]
State Land Court Lets Homeowners Repudiate Racist Covenants in Deeds (MA)
State Rep. John Barrett III could not get state law changed to allow homeowners to strike racist language from their deeds. But he came pretty close, and the effort shed light on a problem that those homeowners can address, free of charge, in the documents that define their real property. “As the Land Court put […]
What Should an HOA Board Know about ADA Compliance Requirements?
The Americans with Disabilities Act (ADA) lays out basic requirements for businesses and other entities to ensure that all Americans, regardless of their disability, have access to all public facilities, buildings, and amenities. Read the article………………………..
Providence HOA pauses Section 8 ban during HUD investigation, lawsuits (TX)
Providence Homeowners Association will not enforce its ban on Section 8 Housing Choice Voucher recipients until the Department of Housing and Urban Development completes its investigation into the leasing rule changes passed in June. Read the article………………………..
Discrimination Based on Familial Status: What Your HOA Needs to Know About Kids and Common Areas
School’s out for the summer! For many condominium and homeowners associations with families, the long summer days mean more families and children utilizing recreational facilities and common areas, such as clubhouses and swimming pools. Concerned about the safety of children who use these areas, condominium and homeowners associations may create and enforce rules and regulations […]
Deadline Approaching for Community Association Anti-Discrimination Review (OR)
As the end of the year fast approaches, community associations should ensure compliance with the new requirements in HB 2534 to remove discriminatory provisions from governing documents. The deadline for compliance is December 31, 2022. The requirement, adopted in House Bill 2534 in the 2021 legislative session, includes specific anti-discrimination laws and requires communities to […]
Californians Can Now Auto-Detect Racist Language in Housing Deeds, HOA Rules and Have It Removed
DoNotPay, which bills itself as a “robot lawyer,” has developed an automated way for people to remove racist language from real estate documents. Read the article………………………..
Fair Housing Act requires co-op to allow reasonable modifications to the common property (FL)
Q: I reside in a multiunit residential building that is regulated under Chapter 719, Florida Statutes. The question I have relates to the use and operation of a heavy metal exterior door the residents use to enter and leave the building. Read the Q&A……………………………….
Probable Cause Of Racial Discrimination Found In Mashpee Condos Complaint (MA)
The Massachusetts Commission Against Discrimination found probable cause of racial discrimination in a complaint against the board of trustees of Summerwood Condominium Trust following an investigation into allegations surrounding a condominium tenant’s “Black Lives Matter” sign in 2020. Read the article………………………..
Larry Santucci on Philadelphia’s Racially Restrictive Covenants and Their Lasting Effects
Access to homeownership and quality housing is vital to a strong U.S. economy. As part of our efforts to examine historical barriers to housing and their lasting effects, the Philadelphia Fed released an interactive map of the city of Philadelphia that explores the use of racial covenants: language added to deeds that prevented non-White individuals […]
HUD charges Jackson homeowners association with disability discrimination (WY)
The U.S. Department of Housing and Urban Development is charging Spring Creek Homeowners Association in Jackson, Wyoming, with disability discrimination. According to a release issued on Tuesday, Spring Creek Homeowners Association is described as the governing body of some 131 residential housing units in Jackson. The release says that the association discriminated against two homeowners […]
Chick fil-A CEO built a dream “progressive” community. Black residents say it’s racist (GA)
The family trust of Dan Cathy, the 69-year-old billionaire who is chairman of the notoriously anti-LGBTQ fast-food chain Chick fil-A, made a significant 2019 investment in the development of Trilith — a 235-acre housing development in Fayetteville, Georgia. Read the article………………………..
Community Association Building Blocks – The Fair Housing Act and Emotional Support Animals [VIDEO]
The Federal Fair Housing Act (FHA) prohibits housing providers and their agents and governing bodies, such as Associations, from discriminating against a resident or potential resident, regardless of whether the resident or potential resident will be the owner or listed tenant of the housing unit because of the resident’s or potential resident’s disability. Watch the […]
For low-income tenants, HOA restrictions drive racial housing segregation (TX)
When Danielle Ross moved to Arlington from Michigan in 2016, she was in search of a better life for her and her children. As a single mom of six children — now seven, with her youngest, Jeremiah, born seven months ago — her job at Bank of America wasn’t enough to allow Ross to save […]
Fair Housing Act: Personal Grill in Condo Was Not a Reasonable Accommodation
The Fair Housing Amendments Act (FHAA) require condominium associations to make reasonable accommodations to disabled co-owners under certain circumstances. However, condominium associations should keep in mind that co-owners are not entitled to every accommodation that is requested. Rather, co-owners are only entitled to accommodations that are necessary to ameliorate the effects of a disability as […]
Indiana woman ordered to pay $225k for making racist insults, death threats toward neighbors
….The homeowners association and Kirkpatrick Management settled the case in March 2022, As part of that separate settlement, they agreed to pay $262,500 as compensation for the Plaintiffs’ damages, attorneys fees and costs. The association and management made no admission of liability or wrongdoing in connection with the allegations and claims, the Fair Housing Center […]
Raleigh couple says local HOA targeting them based on race, gender identity (NC)
A couple who lives in a Raleigh townhouse said they were told by their neighborhood’s homeowner’s association to take down a Black Lives Matter sign from inside their window. They believe they are being targeted because they are an interracial, same-sex couple Read the entire article……………………………….
Racist language persists in housing deeds, but Michigan bill advances making it easier to strike
“The premises covered hereby shall never be occupied by any person or persons other than the Caucasian race and Gentiles only.” That language is part of 1926 deed for a Manchester Township subdivision, according to Justice InDeed, an organization that maps the prevalence of racist housing covenants across Washtenaw County. Read the entire article……………………………….
Co-ops Face June 17 Deadline to Post Accommodation Rights for Disabled Residents (NY)
Last year the state Legislature passed a law that requires qualifying housing providers — including co-op boards and landlords — to provide written notice to their shareholders and tenants of their rights to reasonable accommodations and modifications. The new law also required the New York State Division of Human Rights (DHR) to promulgate regulations regarding […]
Pole in the middle of sidewalk creates problems for neighbors (NM)
After taking a walk in their neighborhood near 98th street and Dennis Chavez Blvd. Joshua Poulsen and his daughter, who’s in a wheelchair, came across a pole right in the middle of a wheelchair ramp. Read the entire article……………………………….
What Are the Federal Laws That Regulate HOA Communities?
Homeowners associations operate in much the same way as non-profit corporations. In fact, in many states, homeowners associations even have to register as such with the Secretary of State. And, as with other corporations, HOAs must abide by certain federal laws that apply to them. Familiarity with these laws is essential in helping keep the […]
What Does Fair Housing Mean For Your HOA Community?
Fair housing is an often-discussed topic among leaders and managers of homeowners associations. But, what does it even mean? And how should homeowners associations respond to fair housing laws? Read the entire article……………………………….
Community Associations Can Sink or Swim Based on Their Rules and Regulations Related to Children and Swim Diapers
In January 2022 a Florida couple, Jack and Simone Yeager, who own a home in a Boynton Beach country club, in conjunction with their adult son, David Yeager, and his wife, Nicole Fisher, filed a lawsuit against a South Florida property owners association for allegedly discriminating against them based upon familial status. Read the entire […]
Universal Design & the ADA: Design for Every Body
The idea that ‘form follows function’ is one of the basic concepts underlying nearly every design discipline—but function for whom? For many people living with disabilities, it often seems that ‘function’ covers a very narrow range of ability—rendering many forms clumsy at best, and completely useless at worst. While a cascading stairway might provide drama […]
These rules are unenforceable, even if your HOA has them (AZ)
Your homeowners association may be frustrating to deal with, especially if it has many different rules and regulations that you need to follow. While HOAs are helpful in maintaining a general look to a neighborhood or working with properties to keep their values, not all HOAs are reasonable or respectful to those in them. Read the […]
Justice Department Alleges Disability Discrimination in Amended Lawsuit Concerning Design and Construction of Multifamily Housing in Hawaii
The Justice Department filed an amended complaint today in the U.S. District Court for the District of Hawaii, alleging that 14 entities designed and constructed five condominium and apartment complexes in Hawaii without accessible features required by the Fair Housing Act. Two of the properties — Kahului Town Terrace, in Kahului, Maui; and Palehua Terrace, […]
Oregon HOAs and Condominium Associations Must Remove Discriminatory Language by End of Year
Pursuant to HB 2534—a bill that passed the Oregon Legislature in 2021—homeowners associations and condominium associations are required to review their governing documents and either (1) remove discriminatory language or (2) certify the nonexistence of such language on or before December 31, 2022. Read the entire article……………………………….
Condo president is trying to drive me from my home, woman says in racial bias lawsuit (NJ)
A resident of a condominium complex in Gloucester County claims the condo association’s president is trying to force her and her family to move out of their leased home because they’re Black and he wants to buy their unit, according to a lawsuit. Read the entire article……………………………….
Lawsuit challenges proposed sober living home in Overland Park’s Shannon Valley neighborhood (KS)
The suit, filed late last month by a couple that lives near the proposed Concord House, claims the city denied them due process by not properly reviewing plans for the Concord House. The city and homeowners’ association argue that federal law precludes them from denying housing to those seeking recovery for addiction. Above, the front […]
Homeowners association, property managers settle discrimination lawsuit (IN)
An Indianapolis homeowner has reached a $262,500 settlement with her homeowners association and a property management company over allegations of harassment and discrimination. Read the entire article……………………………….
‘Men Only’: Retirement community bans experienced female player from softball league (GA)
Residents can play tennis, bocce, even croquet, but when it comes to softball, there is one league, seven teams, and all the players are men as old as 80- and 90-years-old. Evans could practice with the team, but is not allowed to play in league games. After CBS46 started asking questions, the Deaton Creek’s softball […]
10th Circuit directs Gunnison condo operators to comply with anti-discrimination agreement (CO)
After the federal government reported that the owners of a Gunnison housing complex refused to abide by the terms of an agreement meant to avoid further discrimination, the U.S. Court of Appeals for the 10th Circuit has now ordered them to comply. Read the entire article……………………………….
Racist leaflets unsettle Guadalupe County neighborhood (TX)
Residents voiced their concerns during a meeting of the neighborhood’s homeowners association Tuesday evening to discuss Southbank’s new Dog Walker Neighborhood Watch program. An officer from the New Braunfels Police Department gave a presentation during the session. Some of Southbank’s homeowners in attendance expressed frustration over the absence of solicitation ordinances in New Braunfels that […]
Delmar family says it’s facing eviction due to HOA complaints (NY)
Unika Timmons was hopeful she could make her new rental unit more than just temporary for her partner and her 10- and 14-year-old sons. “I definitely wanted to be in this type of environment where we had neighbors that were close, and we can mingle and be a family community,” said Timmons. But with allegations […]
How to Resolve Conflicting Requests for Reasonable Accommodations Under the Federal Fair Housing Act
Handling requests for reasonable accommodations under the federal Fair Housing Act, 42 USC § 3601 et seq. (“FHA”), can be one of the more daunting aspects of serving as a condominium or homeowners association board member. The potential legal risks that are attached with requests for reasonable accommodations, particularly if those requests are denied, are […]
CAIR-Kansas Calls for Removal of Racist Language from Land Deeds
THE KANSAS chapter of the Council on American-Islamic Relations (CAIR-Kansas) is calling upon the state’s Democratic Governor, Laura Kelly, to issue an executive order mandating the removal of insulting, degrading and racist language from property records across the state. The organization has taken particular issue with the small eastern Kansas town of Roeland Park, which […]
Can You Have Rules Dealing With Children? (FL)
In 1988, Congress added “familial status” – defined as including those family groups with children under 18 – to the list of protected groups under the Fair Housing Act. Since that time, condominium and homeowner associations have been discovering that their various rules regulating or prohibiting the use of the association’s facilities by those under […]
Norman v. Rancho Del Lago (CA)
An owner alleged violations of the Federal Fair Housing Act, claiming the association discriminated when it did not allow the owner to install a second driveway to accommodate the owner’s unstable gait. However, the owner’s medical expert opined that a walkway half the size of the driveway, which the association would have allowed, would have […]
Can An HOA Deny Request For Reasonable Accommodation?
Not many associations believe it is permissible for an HOA to deny a request for reasonable accommodation. But, under the right circumstances, an HOA can issue a denial. Read the entire article……………………………….
State’s Attorney’s Office to Review Segregation Clauses That Remain in Some Home Covenants (IL)
A new law allowing homeowners to have racist clauses removed from covenants in their deeds went into effect Jan. 1, and Lake County’s first filing under the law occurred Tuesday. After being filed with the Recorder of Deeds Office, the request will now be reviewed by the Lake County State’s Attorney’s Office to ensure it […]
‘Hostile housing environment’ claim survives summary judgment in lawsuit against HOA (IN)
A federal court is allowing a lawsuit alleging an Indianapolis homeowners association and its property management company knew of race-based harassment in the Twin Creeks subdivision, and failed to take legal action to stop the problematic neighbor from using offensive language and making threats, to continue. Read the entire article……………………………….
Veteran Turns to Ted after months of waiting for HOA to approve disability accommodation (TX)
Miles began reaching out to the city to get approval for the work and had no issues there. But when he told his homeowner association he wanted to add just 24 inches to the sides of his driveway, he couldn’t get the approval. Read the entire article……………………………….