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Federal Laws: How Do We Comply?

TODAY WE WILL

Explain the terms “reasonable modification” and “reasonable accommodation”

Provide a clear understanding of the association's requirements with regard to the Federal Fair Housing Act and other federal laws

Cover the importance of reviewing governing documents for possible amendments needed to insure that the association is in compliance with state and federal laws

FEDERAL LAWS

In addition to state laws, a community association must also follow and adhere to federal laws pertaining to community associations

AMERICANS WITH DISABILITIES ACT “ADA”

Wide ranging civil rights law that prohibits discrimination in places of public accommodation based on disability

Typically, community associations are governed by federal and state fair housing laws and not the ADA

The exception is if the association has a place of public accommodation, club house, restaurant, etc.

FEDERAL FAIR HOUSING ACT “FHA”

Combination of the Civil Rights Act of 1968 with additional revisions and the Fair Housing Amendments Act of 1988

Prohibits discrimination based upon a person’s race or color, religion, sex, national origin, familial status, or disability

Many aspects of the fair housing law apply to community associations and it is very important for boards to be aware of the requirement to follow the law

FEDERAL FAIR HOUSING ACT “FHA”

DisabilityAn individual with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment

FEDERAL FAIR HOUSING ACT “FHA”

DiscriminationThe treatment of an individual based on their membership in a certain group or category

Involves excluding or restricting members of one group from opportunities that are available to other groups

Can occur when the association fails to allow an “accommodation” to the community governing documents or “reasonable modification” to the community’s common elements

FEDERAL FAIR HOUSING ACT “FHA”

Reasonable AccommodationAn alteration to or variance of the association’s covenants, rules, regulations, policies, and services to provide the disabled equal use and enjoyment of his/her home

Example: Limited enforcement of a no-pet policy if the Fair Housing Act would require “reasonable accommodation” request for a disabled individual with the need of an assistance animal

FEDERAL FAIR HOUSING ACT “FHA”

Reasonable ModificationAn alteration to the building, common elements, or limited common elements to afford the disabled equal use and enjoyment of his/her homeFair Housing Law requires the association to allow the modification to the common elements so the disabled individual can use the facility

Example: A person confined to a wheelchair may request that a ramp be installed in the association’s gym so they can use it for exercise

FEDERAL FAIR HOUSING ACT “FHA”

Who Pays?An association bears the cost of “accommodations,” unless it would impose an undue financial or administrative burden

The cost of “modifications” made to the residential premises occupied by a disabled resident must be paid by the resident

FEDERAL FAIR HOUSING ACT “FHA”

In a HUD policy statement, “modifications” to common areas are to be paid by the disabled resident

There are some inconsistencies between the language of the law and the government’s explanation, which could lead to the filing of a Fair Housing complaint

Proceed with caution regarding requests for accommodations to common areas and seek the advice of the association’s attorney

ASSISTANCE ANIMALS

Even with a no-pet policy, an occupant may be permitted to keep an animal as a “reasonable accommodation”

To be protected by Fair Housing Act, the following must be met:

The person must have a disability The animal must serve a function related to

person’s disability The request to have the assistance animal must be reasonable

ASSISTANCE ANIMALS

Disabled residents can request an accommodation for most types of animals for non-specific illnesses with the animals having ill-defined uses or unknown training

May include depression, anxiety, or emotional support

To comply, association may: Require resident to provide proof of illness/handicap Require physician’s statement that the animal is

necessary for resident’s illness/handicap Require resident to follow set policies for clean-up of

animal waste, leash requirements, etc.

ASSISTANCE ANIMALS

Important to note that the Fair Housing allowances for “assistance animals” is separate from the ADA’s requirements for a more highly trained “service animal”

GROUP HOMES

Amendments to the Federal Fair Housing Act expanded protections for individuals with all types of disabilities, thus banning the prohibition of “group homes” (group of unrelated disabled individuals living together in a dwelling) in community associations

Not all group homes are protected under the Fair Housing laws

Examples of illegitimate group homes: current addicts, substance abusers, alcoholics, criminals, those with bad credit, sex offenders

GROUP HOMES

Legitimate “group homes” that serve the disabled cannot be prohibited

The association has a right to enforce the same rules and restrictions asked by all residents

HOUSING FOR OLDER PERSONS ACT OF 1995

This amendment is an exemption to the Fair Housing Act allowing communities to restrict based on age “55+” or “age restricted,” provided certain requirements are followed

Requires a “55+” community to: Maintain at least 80% of the occupied units with at

least one person who is 55 years of age or older living in that unit

Publicize and adhere to policies that demonstrate intent to be housing for older persons

Comply with the rules for verification of occupancy

HOUSING FOR OLDER PERSONS ACT OF 1995

Associations must survey residents for age verification every 2 years

Failure to do this could jeopardize the “55+” status

An age-restricted community may allow people under the age minimum to visit and stay on a limited basis

May have covenants that allow underage persons to reside in the community temporarily

HOUSING FOR OLDER PERSONS ACT OF 1995

It is important to note that the “55+” occupancy requirement is related to “occupancy” and not “ownership” of the unit

TELECOMMUNICATIONS ACT OF 1996

In this act, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule (OTARD) concerning governmental and nongovernmental restrictions on viewers’ ability to receive video programming signals

TELECOMMUNICATIONS ACT OF 1996

The rule applies to video antennas including direct-to-home satellite dishes and TV antennas and wireless cable antennas

The rule prohibits most restrictions that: Unreasonably delay or prevent installation,

maintenance or use Unreasonably increase the cost of

installation, maintenance or use Preclude reception of an acceptable quality

signal

TELECOMMUNICATIONS ACT OF 1996

The rule applies to viewers who place antennas that meet size limitations on property that they own or rent that is within their exclusive use or control

Associations can enforce restrictions that do not impair installation, maintenance or use, as well as restrictions needed for safety or historic preservation

TELECOMMUNICATIONS ACT OF 1996

Under some circumstances, the availability of a central or common antenna can be used by a community association to restrict the installation of individual antennas

The rule does not apply to common areas that are owned by a landlord, community association, or jointly by condominium or cooperative owners, such as the roof or exterior walls of a multiple dwelling unit

Therefore, restrictions on antennas installed in or on such common areas are enforceable.

BLUE QUESTION SHEETS

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