Community Association Fair Housing Update

Community Association Fair Housing Update

The Fair Housing Act (FHA) prohibits discrimination in housing on the basis of race; color; religion; sex; national origin; familial status; or disability. In the context of Disability and Community Associations, instead of enforcing the rules and regulations equally against all residents, the FHA allows a community to “discriminate” so to speak, by making an exception to a rule to accommodate a disabled resident. It isn’t always about service animals or comfort pets; it’s about providing all residents with an equal opportunity to use and enjoy their housing. Perhaps more than ever before, fair housing regulations are impacting community associations as to how they govern, address common area modification requests, and enforce their rules. Communities are looking for ways to accommodate their residents who, for a variety of reasons, need to modify a common area or need an exception to a community rule to have equal use of their residence. A qualified resident with a disability is allowed a reasonable exception to a rule, or permission to make a reasonable modification to common areas at her expense i.e.; a reasonable accommodation. For some time now, the California Department of Fair Employment and Housing (DFEH) has been working on changes to the California Code of Regulations covering the Fair Employment and Housing Act. Most recently, on June 22, 2018, DFEH issued a Notice of Modifications which will likely impact how community associations address resident requests for reasonable accommodations. While the proposed modifications are being developed, it is our hope that the modifications clearly address such critical issues as 1) who pays for the modifications; 2) restoring the property after the...