Tag: Fair Housing

The Americans with Disabilities Act (ADA) became law in 1990, and the Fair Housing Act (FHA) was amended in 1988 to add protections for individuals with disabilities. But despite the length of time that these laws have been around, there’s still misinformation and confusion about how they apply to associations and their members, versus public spaces or private spaces that are accessible by members of the public. In general, the ADA applies to public spaces, and the Fair Housing Act applies to private spaces, such the interiors of members’ units.

The Americans with Disabilities Act (ADA) became law in 1990, and the Fair Housing Act (FHA) was amended in 1988 to add protections for individuals with disabilities. But despite the length of time that these laws have been around, there’s still misinformation and confusion about how they apply to associations and their members, versus public spaces or private spaces that are accessible by members of the public. In general, the ADA applies to public spaces, and the Fair Housing Act applies to private spaces, such the interiors of members’ units.

Recent cases from California and New York—involving families with children and reasonable accommodation requests, respectively—highlight the importance of staff training in fair housing law in order to avoid discrimination complaints.

Families with children. A California condominium community recently had to pay more than $1.1 million to settle a class action lawsuit involving hundreds of current and former residents with children under 14, who lived there from 2011 through mid-2017.

No matter how large or small the community association you manage is, you’ll need to employ at least a few staff members. While they should receive training that’s specific to their job, there’s one type of training that’s necessary for everyone: how to abide by the Fair Housing Act (FHA). It’s easy to forget that maintenance workers, who fulfill many of their job duties without coming into contact with the community’s members, will sooner or later have interactions with home or condo owners.

Q: I manage a condominium building that was previously owned before the current association took it over. A handicapped unit owner claims that some elements of the building—namely, some doors—are difficult, but not impossible, for him to use as a result of his disability. He is suing the association under the Fair Housing Act (FHA) and asking that the association spend what would be a considerable amount of time and money redoing the design and construction of the building to accommodate him.

No matter how large or small the community association you manage is, you’ll need to employ at least a few staff members. While they should receive training that’s specific to their job, there’s one type of training that’s necessary for everyone: how to abide by the Fair Housing Act (FHA). It’s easy to forget that maintenance workers, who fulfill many of their job duties without coming into contact with the community’s members, will sooner or later have interactions with home or condo owners.

Pets can enrich the lives of their owners, and many associations understand this and do allow members to have pets. However, dealing with pets in condominium communities requires balancing the freedoms pet-owning members enjoy on their privately owned property with the rights neighboring members have to enjoy their property. Some communities avoid this balancing act by banning pets entirely; others impose strict pet size and quantity limitations on members.

Q: I manage a condominium building that was previously owned before the current association took it over. A handicapped unit owner claims that some elements of the building—namely, some doors—are difficult, but not impossible, for him to use as a result of his disability. He is suing the association under the Fair Housing Act (FHA) and asking that the association spend what would be a considerable amount of time and money redoing the design and construction of the building to accommodate him.

Q: I manage a condominium building that was previously owned before the current association took it over. A handicapped unit owner claims that some elements of the building—namely, some doors—are difficult, but not impossible, for him to use as a result of his disability. He is suing the association under the Fair Housing Act (FHA) and asking that the association spend what would be a considerable amount of time and money redoing the design and construction of the building to accommodate him.

FACTS: A couple filed a fair housing case, alleging discrimination based on familial status at the condominium community where they lived with their two minor children. The couple claimed that the condo association and its management company created an “atmosphere of hostility” against families with children.