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Questions about the Fair Housing Act Regulations

The Fair Housing Act outlaws discrimination based on race, color, sex, religion, disability, national origin, and familial status when renting or selling housing or a dwelling. These housing rights cover private housing, housing provided by state and local governments, and housing that has federal loans or other assistance. Listed below are some top questions answered by Experts on issues that relate to the Fair Housing Act.

Does the Fair Housing Act protect an existing, leased condominium unit from the association wanting an end date for the lease?

The Fair Housing Act was created to prohibit discrimination based on protected classes like race, gender, religion, and disability. Whether condominium associations can demand that existing leases have to have end dates or not does should not fall under the Act’s set of rules and regulations.

This is a question that relates to a federally subsidized housing property. Is it a Fair Housing Act violation to ask a tenant (or applicant) to submit a copy of the IRS income tax 1040 and/or require them to sign a waiver stating that they did not file a tax return?

This would probably not be considered a violation of the Fair Housing Act. Most landlords are required to verify an applicant’s income and showing tax returns is one of the forms that can be legally requested.

What are the Home Owners Association’s (HOA) rights to restrict the selling or renting of a unit? How does the Fair Housing Act impact it?

The HOA is not allowed to discriminate in the selling or renting of a property based on factors like color, age, ethnicity, religion, national origin, sex, and disability of an individual. The HOA could restrict rules regarding the renting of a home located in the Association area. However, to the extent that the Fair Housing Act differs from the rules laid down by the HOA, the Fair Housing Act would most likely take precedence in a case like this.

We have been experiencing discrimination against seniors in a housing-related issue in Bellevue that is being done by the city itself. The city official feels they do not need to adhere to the Fair Housing Act and has challenged us to report them. Who can we go to for legal help in resolving this?

What you could do is visit the U.S. Department of Housing and Urban Development (HUD) office closest to your neighborhood and report your city to them. In addition, you could also try and file a lawsuit against the city under the Fair Housing Act. For more information on where to find a HUD office near you, visit this link: http://portal.hud.gov/hudportal/HUD?src=/states

I live in Maryland and have a doctor’s letter stating that I need to have a dog to help my mental stability. There is a no-dog rule in the by-laws of the condo I stay in. Is there anything I can do about this?

In most cases, the only kind of dog that would get around the by-laws would be a service dog such as one that is trained to help people with hearing or sight impairments. A pet who is there purely as a companion will probably not get around the no-dog rules of your association easily, even if you say that its presence affects your emotional health positively.

You could talk to your physician about this. If he can render a professional opinion stating that you have a disability, then there is a chance that the association will have to listen to you based on what is laid down under the Fair Housing Act.

If the association still does nothing, you could think about filing a complaint about the violation of the Fair Housing Act with HUD. If you would like more information or to file a complaint, contact:

Office of Program Compliance and Disability Rights
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development XXXXX S.W. , Room 5242
Washington, D.C. 20410
www.hud.gov/offices/fheo

The Fair Housing Act protects tenants from discrimination and enables them to file complaints against their owners for violation of the rules. That’s why it’s important for both tenants and landlords to understand how the Act works.
 
 
 

Recent Fair Housing Questions

 
 
 
  • HoA amended by-laws to double monthly maintenance fee if unit

    HoA amended by-laws to double monthly maintenance fee if unit is occupied by someone other than owner's immediate family (e.g. tenant). Is it possible to contest this amendment on the grounds that it violates the Federal Fair Housing Act because it discriminates between classes of occupants? Property is in Wisconsin.
  • Hello:I need to have your help to clarity of the rights to

    Hello: I need to have your help to clarity of the rights to wheelchair bound, handicapped residents of the City of Alexandria, VA to "VAN Accessible" parking or, more specifically, parking spaces next to "hatch line" areas to enable City residents to approach their vehicle, take down and reassemble wheelchairs so that they may enter and exit the vehicle unimpeded. I need to know if my husband has any right under ADA, Fair Housing or City laws that allow him to be assigned a specific parking space next to a "hatch lined" area because he is confined to a wheelchair. We are residents in a large condo complex in the City of Alexandria and, according to a new ruling set forth by the Board of Directors of the Condominium Unit Owners Association subject to City laws for disabled, handicap and VAN Accessible parking vs any Association or real estate rules that may govern the same issue on private property. We bought our condo five years ago--there were two garage spaces included with the originally planned purchase but because my husband could not make use of either space that accompanied the condo, we told the sellers that we wanted only one of the spaces and the second space was sold to another resident. My husband is a paraplegic, paralyzed from mid thorax downward as a result of a spinal cord injury 20 years ago. He resides in a wheelchair. He is 70 years old. Post accident, in order for him to return to work and new form of living, he was taught to drive a car with hand controls and to take down and reassemble his wheelchair to stow in the back seat of a two door vehicle while he was a patient at the National Rehabilitation Hospital in Washington DC. The same skills were taught to individuals who were quadriplegic but had ability of movement and strength of their upper extremities due to the location of their spinal cord damage and did not want to or could not mange driving a van; other patients chose vans for personal reasons. The patients had a choice of the type of personal use vehicle they would learn how to drive. One year ago, our condominium Association Management began allocating exclusive "VAN Accessible" parking spaces to wheelchair bound residents with vans. My husband wrote to the Property Management to request a handicap space next to a "hatch line" area based on equal need: room for him to enter and exit his vehicle with his wheel chair--so that he could perform activities of daily living. His car and his wheelchair are his only means of mobility. Property Management informed him there was no formal process for granting of "reasonable accommodation", and requested he write to the Property Management and the Association Board of Directors to explain the rationale for need of a parking space next to a "hatch lined" area in order to have unobstructed, consistent access to his vehicle, space to take down and reassemble his chair as necessary to drive his car. The space was granted. Now, due to a change in Property Management policy, generated by the Association Board of Directors to provide fair and equal access to handicap parking spaces under Alexandria City laws for reasonable accommodation, my husband was told he had to either surrender his handicap parking space or sign his rights to the garage parking space back to the Association for their disposition and use at their discretion. He was told he could either use the designated space he had been granted or the garage space we "own" but not both. He was told by Property Management that he must park his vehicle in "other handicap spaces" or in the common area parking to assure equal treatment of all handicapped residents under laws. He is unable to use the garage parking space because there is no room for him to enter or exit his vehicle with his wheelchair--the decision was made to surrender the handicap parking space leaving him to search for parking spaces in the common area of parking that were wide enough to accommodate access and wheelchair takedown Handicapped residents with vans who do not "own" a garage space are not affected by the new management initiative; they can remain in the VAN Accessible slot because not having it assigned means that they will have to occupy two parking spaces. Unless there is a parking space next to a water run-off area near our building, which are wider than other parking spaces, he is limited if not prohibited from use of his vehicle without (1) being subject to assistance from Patrol Services to locate the resident whose vehicle is in the space next to his to move their vehicle or (2) have an ambulatory person unlock and back his car out of the parking space so that he may enter and or exit the driver's side door if I am not available to assist him. Do you have any suggestions to guide us through this issue? My husband has the same challenges that any spinal cord injured driver has--the same challenges that van driver's experience. Kind Regards, XXXXX XXXXX Kercher

  • RA-HL

    Can I be protected under the Fair Housing Act with my condo If I am told to remove flooring and install flooring. I have severe allergies documented by a physician that says I cannot have carpet?
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