In 1988, Congress expanded the scope of the Federal Fair Housing Act ("Act") by adopting the Federal Fair Housing Amendments Act of 1988. These amendments, in part, created a new protected class of disability. Other protected classes include:

1. Race or color

2. Religon

3. Sex

4. National origin

5. Familial status

Requests for reasonable accommodations are as varied as the type of disabilities and the type of rules and regulations. In evaluating requests for accommodations, community associations must normally evaluate whether: (1) the individual is disabled; (2) the requested accommodation is reasonable; and (3) the requested accommodation is necessary for the individual to use or enjoy a dwelling.

The term "disability" means any impairment of a major life activity--things like seeing, hearing, walking, or breathing. Disabilities include blindness, hearing impairment, mobility impairment, HIV infection, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness.

Condominium and homeowners associations are subject to the Act. Here are some recent cases involving the Act and community associations:

Jacobs v. Concord Village Condominium X Association, Inc., 2004 U.S. Dist. LEXIS 4876 (S.D. Fla., 2004). The court found that the defendant condominium association had violated the Fair Housing Act by refusing to allow a physically handicapped resident to install a ramp so that the plaintiff could freely store, access and charge her motorized tricycle in a storage closet in the condominium building.

Sabal Palm Condominiums of Pine Island Ridge Association, Inc. v. Fischer, No. 12-60691-Civ-SCOLA (S.D. Fla. March 19, 2014). A Florida district court ruled that a condominium association violated the Fair Housing Act by its unreasonable delay in granting a request by a physically disabled resident to keep a service dog.

Hollis v. Chestnut Bend Homeowners Association, No. 13-6434 (6th Cir. July 29, 2014). A Tennessee homeowners association may have violated the Act when it denied owners from constructing an exterior sun room which was designed to accommodate two children with Downs Syndrome.

Board of Directors of Cameron Grove Condominium, II v. State of Maryland Commission on Human Relations, No. 47 (Md. Mar. 28, 2013). A Maryland appeals court ordered a condominium board to pay damages to unit owners who were denied reasonable accommodation of their disabilities.

Bhogaita v. Altamonte Heights Condominium Association, Inc., No. 6:11-cv-1637-Orl-31DAB (M.D. Fla. Dec. 17, 2012). A Florida court found that a condominium association’s intrusive search for more information regarding a unit owner’s medical condition constituted a denial of his requested accommodation under the Fair Housing Act.

Warren v. Delvista Towers Condominium Association, Inc., No. 13-23074-CIV-MARTINEZ-GOODMAN (S.D. Fla. July 29, 2014). A Florida U.S. District Court held that a county ordinance banning pit bull dogs was preempted by the Federal Fair Housing Act with regard to service animals. Under HUD regulations, a request for an assistance animal can be denied if the animal’s behavior poses a direct threat and if its owner takes no effective action to control the animal’s behavior to mitigate or eliminate the threat. However, FHA requires that a significant risk—not a remote or speculative risk—exist to deny the reasonable accommodation. Particularly, HUD adopted a notice stating that a request to accommodate an assistance animal can be denied if “(1) the specific assistance animal poses a direct threat to the health and safety of others that cannot be reduced or eliminated by another reasonable accommodation; or (2) the specific assistance animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation.”

If you are faced with a Fair Housing accommodation or modification request, speak with a qualified lawyer immediately. Violations of the Fair Housing Act may expose the association and board to legal liability.

For more information:

http://www.justice.gov/crt/about/hce/housing_coverage.php