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 […]
Broward County sues Lauderhill condominium association for rejecting resident’s emotional support animal request (FL)
Broward County this week filed a lawsuit against a Lauderhill condominium association after the association allegedly denied a resident’s request for an emotional support animal. The lawsuit, filed by Broward County Attorney Andrew Meyers, accuses Environ Towers I Condominium Association of violating the Fair Housing Act and the Broward County Human Rights Act. The case […]
Emotional Support Animals and the FHA: What Community Associations Should Know
In a previous post, we discussed Dexter the (almost) flying emotional support peacock. In this post, we turn our attention to Maybelline the emotional support pig in the great state of Florida. Maybelline is at the center of a dispute between her owner and her owner’s HOA. The owner claims that she suffers from certain […]
Frum Jackson Resident Files Lawsuit Against HOA Over Religious Discrimination (NJ)
A wheelchair-bound frum Jackson, NJ, resident has filed a lawsuit against his Homeowner’s Association after the HOA refused his requests for them to accommodate his disabilities and religious rights. Rabbi Phillip Lefkowitz moved from Chicago to the Westlake adult community in Jackson in order to be near his daughter, who lived a short distance away. […]
Rabbi Files Suit Against Active Adult Community (NJ)
He moved from Chicago to be closer to his daughter and her family. But he said he cannot practice his religion in the township home he purchased in a 55+ adult community…….Lefkowitz is suing Westlake Master Association Inc. and each Board of Trustees member individually for religious and disability discrimination. The suit was filed in […]
Swimming Around Pool Rules in Community Associations (FL)
A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against […]
Condo Association Discriminated Against Resident With Allergies (NJ)
A condominium association must pay a resident $12,500 for discriminating against her regarding her medically verified allergies, the New Jersey State Attorney General’s Office said. The woman, referred to only as K.L. in court documents, had asked Twin Lights Condominiums in Highlands to remove carpet from her second-floor, one-bedroom condo and install hardwood floors. The […]
HOA Homefront: California now has Fair Housing regulations – and sexual harassment is illegal
The federal Housing and Urban Development Department (HUD) adopted regulations in September 2016 which for the first time prohibited sexual harassment within housing accommodations. “Housing accommodations” in this context includes homeowner associations. These regulations thus far have not received widespread attention, but in California this will change soon. Read the article………………
Bus service for disabled child posed ‘threat’ to residents’ safety, homeowners group says (OR)
Lawyers for Oregon Sen. Jackie Winters and the Salem homeowners board on which she serves say that door-to-door school bus service for a girl with disabilities posed a “direct threat to the safety” of other residents, according to a new court filing. The girl’s family filed a federal lawsuit against the Golf Course Estates Homeowners […]
You can’t live here: Why senior communities get to prohibit young people (AZ)
Al Morton spends his days working with veterans and volunteering at his Sun City Homeowners Association. His wife frequently attends a clay club, making pottery with fellow members. The Mortons, from Texas, were drawn to Sun City because other family members had already retired there. They followed suit in 2004 and are now among the […]
‘No, you can’t,’ condo owner says to HOA after alleged age and race discrimination (AZ)
Ward Tyczka was renting his Phoenix condo to a family with two children when the property manager began raising concerns. The family eventually moved out when their lease was up, but the property manager informed him this spring that Sunrise Village Condominiums Association had changed its rules to prohibit kids under age 16. Read the […]
Fair Housing Center claims Palm Beach condo association, property management agency discriminated against families
A fair housing advocacy group is suing a Palm Beach condominium association and property management agency, claiming their policies about how many people can live in their units are discriminatory and violate the Fair Housing Act. Fair Housing Center of the Greater Palm Beaches, a nonprofit based in Lantana that claims to work to eliminate […]
Swimming the Dangerous Waters of the Fair Housing Act
As the weather warms up, community association pools are open and ready to be enjoyed. In addition to cleaning the pool furniture and testing the chemicals in the water, boards are tasked with the responsibility of creating rules to protect against harm to those using the pool. Boards must remain diligent so their well-intended rules […]
Condo association allowed to challenge PTSD claims in elevator flap with wife of bankruptcy lawyer Geraci: Appeals judges (IL)
A federal appeals court said a lower court judge was correct in ruling against the wife of prominent Chicago area bankruptcy lawyer Peter Francis Geraci in her dispute with her condominium building over elevator access, saying a judge and jury didn’t break any rules in allowing the condo association to contest her claims to being […]
Commemorating the 50th Anniversary of the Fair Housing Act
Fifty years ago today, seven days after Martin Luther King Jr. was shot and killed, President Lyndon B. Johnson signed the federal Fair Housing Act into law. In his speech, President Johnson acknowledged “the roots of injustice run deep” but proclaimed, “the voice of justice speaks again.” Johnson called the enactment of the Fair Housing […]
Transgender Issues in Community Associations
Recently, I had the opportunity to attend the annual Community Association Institute Law Seminar. One of the topics covered at the seminar was transgender issues in community associations. We all know that community associations are microcosms of the society at large, and transgender issues are no exception. Transgender persons face violence, discrimination in the workplace, […]
Rules Targeting Children Risk Violating Fair Housing Laws
Imagine this: Susan and Bill, a retired couple in their late 60s, are sitting around the community association’s pool on a warm summer day, chatting with other residents. They have no children of their own and are becoming increasingly agitated by the high-pitched squeals of children who are swimming and splashing in the water. “I […]
Can an Association Restrict Use of a Swimming Pool/Other Amenities to “Adults Only” for Part of the Day?
An association in Washington probably cannot restrict use of an amenity (i.e. a swimming pool) to “adults only” for any part of the day, unless there are identical amenities available for use by children. Such a restriction would likely constitute discrimination based on age, which is prohibited by the federal Fair Housing Act. But an […]
Sex Offenders and Criminals: Can They Be Banned by a Community?
Associations generally have the right to regulate their communities. In Washington, this probably includes the right to ban registered sex offenders and other persons with criminal history from living in the community. However, an association’s right to evict existing occupants based on their status as a sex offender is less clear. In addition, associations considering […]
Federal Government Shutdown & Community Associations
Funding for federal government agencies expires January 20. If congressional leaders and President Trump are unable to strike a budget deal, operations at federal government agencies will be sharply curtailed. What does this mean for community associations? CAI has verified federal government shutdown activities and impacts at the following agencies. Read the article……………….
Appeals court rules Capella Park HOA must accommodate disabled residents (TX)
The Court of Appeals for the 5th District of Texas has reversed a trial court’s decision that was in favor of a homeowners’ association (HOA) trying to enforce its restrictive covenants against a home for disabled residents. The decision, filed Nov. 30, found that Willie E. Walls III and Melody Hanson, the operators of My […]
Discriminatory Housing Practices by Third Parties
Many of our clients have asked us to provide guidance with regard to 24 CRF 100.700, a new rule promulgated by the United States Department of Housing and Urban Development (“HUD”) pursuant to its authority under the Fair Housing Act (the “Act”). As set forth more fully below, 24 CRF 100.700 arguably imposes additional obligations […]
Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting
The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is “an Act to establish a clear and comprehensive prohibition of discrimination on the basis of […]
Must communities retrofit for handicap accommodation
The question often arises as to whether condominium, cooperative and homeowners’ associations need to install wheelchair ramps, elevator or swimming pool lifts or redo common area bathrooms to accommodate handicap persons. The general answer is that associations may have to waive certain rules to reasonably accommodate the handicap, such as allowing emotional support or service […]
Addressing Harassment Issues in Community Associations
As is well understood, Community Association Boards are elected to manage the property, affairs, and business of the Association. The Board has the power to enforce obligations of the unit owners and do what is necessary and proper for the management of the community. This includes enforcing the Association’s Governing Documents. If a violation occurs, […]
Housing Discrimination: Who’s Protected? Protected Groups That Buildings Need to Know
In this series, The Cooperator has examined discrimination laws in relation to multifamily buildings. Among the issues we’ve covered included people with physical and mental disabilities. A disability is just part of the general housing protections that people in New York have under the federal Fair Housing Act, the New York State Human Rights Law, […]
Dog Days of Summer
With the mercury hitting record highs this week, I look out my office window and dream of jumping into a nice cool pool. As a community association attorney, my brain automatically shifts from recreation to work mode. I recently helped a client update their community pool rules and thought this would be a good opportunity […]
Headstrong HOA Board Member Puts Himself in Harm’s Way Over Fair Housing Issues
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 […]
Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?
If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of discrimination. The Fair Housing Act (“FHA”) prohibits discrimination in the rental of dwellings based on race, color, religion, sex, disability, […]
The Future of Fair Housing in Community Associations (CA)
The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working on Housing Regulations on various types of discrimination, harassment, retaliation and disabilities, including assistance animals. […]
Online Harassment and Risk of Liability Under Fair Housing Laws
My colleagues and I have blogged about the importance of recognizing requests for reasonable accommodations/modifications, carefully and thoughtfully considering them, and properly responding in a timely manner. We like to think our posts on this topic have helped a few association boards make better decisions, but if the case discussed below is any indication, more […]
Fair Housing Act – Emotional Support Animals
A very instructive case was decided last month in a Federal Appeals Court which will demonstrate almost everything not to do with respect to compliance with the Fair Housing Act relative to emotional support animals. This case dealt with a suit brought by two emotionally disabled unit owners in a condominium community that had a […]
Ruling Illustrates Unpredictability of Fair Housing Litigation for Associations
The appellate panel of the First District Court of Appeal was divided in its recent ruling involving a Fair Housing Act discrimination complaint by a wheelchair-bound unit owner against his condominium association. The majority and dissenting opinions in the case highlight the unpredictable nature of FHA litigation for unwary associations. Read the article………………..
One Toke Over the Line – Smoking, Medical Marijuana and Fair Housing Laws
Medical marijuana can now be legally prescribed in Florida, and the legislature continues to struggle with regulation of dispensaries in the State. Meanwhile, prescriptions can be filled in other States, for edible medical marijuana as well as the processed plant materials. At this point, low-THC products (with less of the chemical that causes the “high”) […]
HOA Homefront: When laws collide: Child safety or discrimination?
Common interest development associations (aka “HOAs”) are governed by both state and federal Fair Housing laws. Fair Housing laws prohibit “familial status” discrimination, which means singling out children for any disparate treatment. (This prohibition exempts senior communities, which are exempted under Civil Code 51.2.) A complete ban on children would be a classic example of […]
Third Circuit: neighbors who criticized condo residents over emotional support dogs must face civil rights suit
In blog posts and comments, two residents of a Virgin Islands condominium complex criticized two other residents who were (in line with rights prescribed to them under federal law) keeping emotional-support dogs despite a no-dog rule in the complex. Among other statements, one or the other of the two said dog owners would be “happier […]
What Community Associations Should Know About the Fair Housing Act
Community association board members and managers are often so preoccupied ensuring compliance with state and local laws that they can sometimes overlook controlling federal law. Multiple federal statutory acts can apply to community associations in any given situation and overlooking those federal laws can have costly consequences. One such area of federal law that governs […]
When Does the Americans With Disabilities Act Apply to Community Associations?
Community association board members and managers are often so preoccupied ensuring compliance with state and local laws that they can sometimes overlook controlling federal law. Multiple federal statutory acts can apply to community associations in any given situation and overlooking those federal laws can have costly consequences. One such area of federal law that might […]
Planning for Special Needs Children
Many families in our community have children or loved ones with developmental disabilities or special needs. Families often assume that they can continue to care for their loved ones in perpetuity. The reality is that once a child turns 18 years old, that child becomes an adult. Often, parents will continue to be their child’s […]
Avoiding Discrimination and Its Legal Consequences: The Power of Equality
Despite the fact that most people would agree that discrimination is a bad thing, discrimination persists, which suggests either that existing laws against it are sometimes ignored, or that the legal definition of ‘discrimination’ isn’t always clear. Fortunately, when it comes to condos, co-ops and HOAs there are laws at the federal, state and local […]
Responding to an Accommodation Request? What’s your Policy?
Responding to an accommodation request does not have to be scary. Adopting a policy for an association to follow goes a long way to successfully addressing accommodation requests properly. But there are several stages where boards and managers can get tripped up in the process. Read the article……………………..
I think I was turned down by a co-op based on my race. What do I do? (NY)
If you think you have a discrimination case on your hands, the key to success will be proving that the board rejected you for discriminatory reasons, says Steven Wagner, a co-op and condo attorney with Wagner Berkow LLP and a longtime board member of his own 420-unit Manhattan co-op. Read the article…………..
Judge won’t force condo association to allow woman to rent condo as ‘reasonable accommodation’ (IL)
A 94-year-old Oak Park woman could not get a federal judge on her side in a dispute with her condo association, who she says owes her the right, under federal law, to rent her condo while she undergoes medical treatments, despite association rules. Lillian Vignola owns a unit in the building run by the 151 […]
U.S Community Associations May Be Liable for Harassment by Residents Against Other Residents
Changes to the Fair Housing Act (“FHA”) in the United States could impose liability on community associations (i.e. condominiums) for the discriminatory actions of residents against other residents. The FHA prohibits discrimination and harassment because of race, colour, religion, sex, national origin, handicap and family status in the context of housing. (Note that age is […]
New FHA Harassment Rule & Policy Recommendation
On October 14, 2016, the US Department of Housing and Urban Development’s (HUD) new rule on quid pro quo and hostile environment housing practices under the Fair Housing Act (FHA) goes into effect. This new rule creates liability for housing providers, including homeowner associations, for failing to take reasonable actions to address these types of […]
New Fair Housing Act Regulations Become Effective October 14, 2016
Last week, the U.S. Department of Housing and Urban Development (HUD) released final regulations related to quid pro quo and hostile environment housing claims under the Fair Housing Act. Some of the new regulations which go into effect on October 14, 2016 may impact your association. Below is a summary of those key provisions but […]
New FHA Rules to Create New Association Duties
On September 13, HUD released new rules for the Fair Housing Act (FHA) that will impact community associations. Under these new rules, which take effect on October 14, 2016, a community association could face liability for the discriminatory acts of residents who harass or create a hostile environment for other residents. As our regular blog […]
Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act
This final rule amends HUD’s fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability. The rule specifies how HUD will evaluate complaints of quid pro quo (“this for that”) harassment and hostile environment harassment […]