All was well until board members on a Miami Beach condominium association saw her in person, according to a discrimination lawsuit by a woman who uses a wheelchair. Rachel Siler, 31, said she got a rude awakening after traveling from Chicago to move into Abbott House, blocks from one of South Florida’s most popular beaches. […]
Accommodating Requests for Service Animals and Emotional Support Animals in your Community
Many community associations are presented with requests for accommodating service animals and emotional support animals. It can be difficult to navigate through the various laws. There are specific obligations required of housing providers under the Fair Housing Act (“FHA”) and, if applicable, the Americans with Disabilities Act (“ADA”). Read the article…………….
Avoiding Discrimination Under the Fair Housing Act
Your condo association would never dream of turning away potential condo owners based on their race, religion, or familial status, but did you know your pool rules could put you in violation of the Fair Housing Act (FHA)? Read the article………….
Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions
Associations have restrictions that either prohibit or limit the number, size, and type of pets that can be kept within the community. In general, as long as a restriction prohibiting or limiting pets is clearly drafted, the North Carolina courts will uphold their enforcement; however, they may not be enforceable under the Federal Fair Housing […]
Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions
Many planned communities, townhome communities, and condominiums (collectively, “Associations” since they are nearly universally governed by one) have restrictions that either prohibit or limit the number, size, and type of pets that can be kept within the community. In general, as long as a restriction prohibiting or limiting pets is clearly drafted, the North Carolina […]
(Condo Act:) Modifications and Improvements to Protect Persons With Disabilities
Persons with disabilities who reside in condominiums have several statutory protections available to them designed to prevent discrimination against the disabled. These protections include the federal Fair Housing Amendments Act (“FHAA”), 42 USC 3604, and its Michigan equivalent contained in the Persons With Disabilities Civil Rights Act, (“PWDCRA”), MCL 37.1506a. Both the FHAA and the […]
What Community Associations Should Know About the Fair Housing Act and its Impact on Pool Rules and Regulations
With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to cool down. Also, pools are not only good for cooling down but also provide numerous other benefits, including family time without the distractions of today’s technology, fitness training, stress relief, therapy and helping to keep […]
CA: SB 269: State Changes ADA Issues, but National Still at Issue
In 2012, the California legislature was incensed by unprovoked attacks on small commercial operations by drive-by “disability activists” who, after eye-balling the complex for ADA violations would sue, and then settle for attorney fees and a few dollars more. In response, the legislature enacted a defense for such businesses, Civil Code 55.3, 55.53. Read […]
HUD Restrictions on Criminal Background Checks May Affect Condominium Sex Offender Bans
The Department of Housing and Urban Development (HUD) has issued guidance restricting the use of criminal background checks to screen prospective residents. The guidance warns property owners that a blanket policy rejecting residents solely because they have a criminal record may violate the Fair Housing Act, because it could have a discriminatory impact on minorities. […]
HUD – Service and Assistance Animals (Large PDF)
http://communityassociations.net/wp-content/uploads/2016/05/servanimals_ntcfheo2013-01.pdf
HUD’S Fair Housing Decision Upheld by First Circuit Court of Appeals
The U.S. Department of Housing and Urban Development announced today that it has won an important Fair Housing Act victory in the United States Court of Appeals for the First Circuit. The decision upheld a Final Order of the Secretary of HUD following a trial before an administrative law judge that a condominium association discriminated […]
Memo clarifies ADA
Q: We live in a villa home. Our community has a private golf course and similar recreational facilities. Our local association has a “no pet rule.” We are told that the ADA requires us to permit pets even if we have a rule to the contrary. This does not make sense to me. Can you […]
HUD’s Proposed Harassment Rule Would Be Painful for Condo Associations
The department of Housing and Urban Development (HUD) has offered that assurance for regulations the agency has proposed, clarifying the standards for assessing harassment claims under the Fair Housing Act. Read the article………
How Can You Accommodate the Disabled During Capital Work? (NY)
A collection of issues – a disability discrimination claim with facts that were sharply in dispute, an elevator project that shut down one of the building’s two elevators for an extended period, a proprietary lease provision that was less than clear, and an insurance company’s reservation of rights with demands for the insured’s substantial participation […]
(Disaster Preparedness for) Individuals with Disabilities and Others with Access and Functional Needs
How might a disaster affect me? What are my personal needs during a disaster? By evaluating your own individual needs and making an emergency plan that ?ts those needs, you and your loved ones can be better prepared. Here are three easy steps to start your emergency communication plan: Read the articles……….
Do Your Rules Violate Fair Housing?
It’s not uncommon for homeowner associations to adopt rules that violate federal and state fair housing laws, or the Fair Housing Act (the “FHA”). Violations of the FHA can bring severe penalties, as demonstrated in a recent case where an individual was awarded damages in excess of a hundred of thousand dollars against an HOA. […]
New Model for Discrimination Analysis in Homeowners Associations?—Recent Supreme Court Decision May Affect the Way Homeowners Associations Make Decisions
The Fair Housing Act (“FHA”) prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status. For years, homeowners association boards of directors have been mindful of the FHA’s requirements and taken care that board decisions do not discriminate against any of these protected classes. Read the article……………
Fair Housing News – Again
We’ve written many times before that community associations are bound by the provisions of the Fair Housing Act. There is a lot of information available about the Fair Housing Act, who it applies to, what it takes to comply, and what the consequences are for failure to comply. Notwithstanding all of the available information, some […]
Wheelchair Ramps
The media has covered cases across the United States involving homeowners associations running into conflict and legal problems over wheelchair ramps. Just this past month, the media featured the Broadnax family who retrofitted their house with a wheelchair ramp in an upscale neighborhood in Brentwood, Tennessee. After Mr. Broadnax returned home from rehabilitation following brain […]
Frequently Asked Questions about Service Animals and the ADA
Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with […]
Do No-Kids-Allowed Rules Violate Federal Anti-Discrimination Laws?
On the Fourth of July, a little girl was visiting her friend at the Tiber Island co-op in Washington, D.C. A guard told the girl that she couldn’t play on her scooter in the plaza. Those are the rules. “The plaza is not to be used for bicycle riding, skateboarding, etc.” That statute is laid […]
Facially Neutral Bylaws/Rules/Regs May Subject an Association to Liability Under the Fair Housing Act
On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations throughout the country, including in Michigan. In a surprise to many court observers, the Supreme Court endorsed the disparate impact theory of liability under […]
U.S. Supreme Court Ruling Could Impact Community Associations
The U.S. Supreme Court has been in the news a lot which is not surprising given its recent newsworthy rulings. However, there is one ruling that could impact the community association industry profoundly. The 5-4 Supreme Court holding in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, could have wide-ranging impact on […]
Florida Fair Housing Act Revisited
As the real estate market continues to turn around in Florida we believe it’s important to review fundamental laws that were enacted to defend our civil rights. In 1983 the Florida Fair Housing Act was passed by Florida legislature and amended in 1989. It’s no surprise that this act is still upheld today as it […]
Discrimination Against Children
Associations trying to keep their condominium child free may want to think again. Associations which try to utilize governing documents to discriminate against owners with children could find themselves going up against the Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ). Read the article…………
Go Slow: Children at Play
The U.S. Department of Justice announced settlement of a Fair Housing violation case against a Community Association and its Management. In addition to requiring a revamped set of Rules, the offenders must pay a $10,000 penalty to the United States and pay $100,000 to six families that suffered as a result of the discrimination. Read […]
Condominium rentals can impact ADA compliancy rules
Q: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations? Read more……….
Ask the Attorney: Reasonable Accommodation for Disabled Residents
When a resident with a disability requests a “reasonable accommodation,” the board has many issues to consider. It has to decide how it should respond, whether cost is an appropriate consideration, what it will communicate to other residents who feel strongly one way or the other, and what it can do to avoid litigation or […]
U.S. Supreme Court to Issue Important Fair Housing Act Decision
Generally speaking, the Fair Housing Act and its Amendments (FHA) prohibit discrimination against a protected class of persons, which include race, color, national origin, religion, gender, familial status, and individuals with disabilities. The FHA applies to community associations and, in this context, prohibits community associations from committing acts of discrimination with regard to the services […]
Government, federal court complicate HOA pool rules
Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow end. Read more………
How to Handle Reasonable Accommodation Requests
A request for a reasonable accommodation typically presents itself when an owner needs permission to break an association rule in order to accommodate a disability. The Fair Housing Act does require that a community association provide a reasonable accommodation in its rules, policies, practices, or services, when such accommodation may be necessary to afford such […]
Aging Condominium Owners Will Seek More Fair Housing Accommodations
For condominium boards trying to anticipate future challenges, here’s a prediction that bears considering: Fair housing accommodation requests are going to multiply. This prediction doesn’t require a crystal ball; a general knowledge of demographic trends will tell you what you need to know. Baby boomers are getting older and many of these aging boomers are […]
Office of the Attorney General (NJ) Issues Disability Fact Sheet for Housing with Homeowner’s Associations
Division on Civil Rights Director Craig T. Sashihara announced today that the Division has posted a new Disability Accommodation Fact Sheet on its Web site that explains disability accommodation rights for the owners and occupants of condominiums, cooperatives and other common interest communities governed by a homeowners’ association or similar entity. The Fact Sheet discusses […]
Condo or HOA breed restrictions don’t apply in fair housing accommodation requests
There has been press about a case pending in Miami-Dade County over whether an owner is entitled to keep a dog in his unit as a reasonable accommodation for his disability. Issues concerning service and emotional support animals are highly charged and can result in significant liability for an association. As we have discussed in […]
All’s Fair! – What Community Association Boards and Managers Need to Know About the Federal Fair Housing Act
Fair Housing Act, Title VIII of the Civil Rights Act prohibits discrimination in the sale, rental, financing, insuring and other housing related services of dwellings based on race, gender, color, religion disability or national origin. Some states and local governments have adopted their own versions that expands the protected classes to sexual orientation, age and […]
Condo Associations and HOAs Can Violate the Fair Housing Act By Not Timely Responding To A Unit Owner’s Request To Keep A Service Dog
On March 19, 2014, the U.S. District Court for the Southern District of Florida issued an opinion of which all condominium association and HOA board members should be aware. That case, Sabal Palm Condominium of Pine Island Ridge Association, Inc. v. Fischer, involved a resident’s request to keep a service dog due to her disability. […]
Increased scrutiny on community associations by Fair Housing advocates
Recently, several Kaman & Cusimano attorneys attended the 6th Annual Fair Housing Forum where several speakers presented material on recent developments in Fair Housing law. New scrutiny of condominium and homeowners association governing documents was one of the many issues discussed at this seminar. Read more……..
Family Friendly Rules
Earlier this month the Department of Housing and Urban Development (HUD) announced that it had reached a settlement with an apartment complex in the Denver Area for rules that discriminated against familial status under the federal Fair Housing Act (FHA). Readers of this blog will be aware that the FHA applies to residential community associations […]
Board President Personally Liable for Violation of Fair Housing Act
In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer. In this post, we’ll discuss another facet of that case: the individual liability of the Board president of the Sabal Palm COA for his actions. […]
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. Read more………
Creating sound policies for owners with disabilities
Asked for accommodations by owners who claim disabilities, community associations often respond in one of two ways: They take a hard line and deny all requests, or they always say yes for fear of lawsuits. Read more………
Condominium Association Handicap Parking Lawsuit (IL)
In a recent Illinois court case, a renter sued a community association claiming that the unavailability of handicap-accessible parking violated the Fair Housing Act (“FHA”). The property consisted of a 40-story building with 342 parking spaces, seven of which were handicap accessible. However, the association sold the handicapped-accessible parking spaces to non-disabled persons and the […]
In a California Homeowners Association, there are Three Types of Animals…
A homeowners association has a “strict” (and strictly enforced) “no pets” policy but a resident requests that an exception be made to permit her to keep a dog. Or, maybe it’s a cat. Or a hamster. Must the association provide this “accommodation”? The answer is “maybe” and depends in part on whether the resident is […]
Do You Have a Doctor’s Note? Getting a Dog Into a No-Pet Building
What does it take to get a dog into a no-pet building? The question is becoming a hot topic in New York City. Because depending on whom you ask, the answer is A) a legitimate disability or B) a dubious note from a doctor or therapist. Read more……
Justice Department Reaches Settlement with HOA and Management Company in Fair Housing Lawsuit Involving Occupancy Limits
The Justice Department announced today that the Townhomes of Kings Lake HOA Inc. (HOA) and Vanguard Management Group Inc. have agreed to pay $150,000 to settle a lawsuit alleging violations of the Fair Housing Act (FHA). The lawsuit alleged that the HOA adopted and both defendants enforced occupancy limits that discriminated against families with children […]
Canada: Service Animals In No-Pet Condos
Pets in condominiums is a very controversial topic. Some condominiums prohibit pets and other condominiums allow them. Prudent pet owners should be checking the condominium’s documents before buying a condominium to ensure that pets are permitted. Read More…..
Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act
The Department of Justice and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the federal Fair Housing Act (the “Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One of the types of disability discrimination prohibited by the Act is the failure to design […]
Wheelchair Ramp Dispute Tossed: Not Ripe Until Denied
Dan and Debbie Scoggins wanted the best for their son Jacob. After their requests to their Homeowner’s Association for permission to build a wheelchair ramp at the front door of their home and for permission for Jacob to ride an ATV within the housing subdivision went unanswered, they filed suit under the Fair Housing Amendments […]
Scoggins v. Lee’s Crossing Homeowners Assoc. (Virginia)
Plaintiffs and their son appealed the district court’s summary judgment holding that they were not entitled under the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-3631, to an accommodation and a modification that they requested from the HOA. Read More……
Reasonable Accommodations (video)
You are a board director in a no-pet building. And you’re happy about it. But an owner has come to you and said “I need an emotional support pet.” Welcome to the world of reasonable accommodations. In this video you’ll learn what you have to accommodate, when it is necessary, and how to do it. […]