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I live in a small Condo in Sausalito and suffer from chronic…

Customer Question
I live in a...

I live in a small Condo in Sausalito and suffer from chronic pain due to degenerative disc disease in my lower back. When there is a problem here, i.e., an inoperative elevator, the Association is in no hurry to get it fixed if it happens on a weekend due to the extra cost involved. Do I have any legal recourse against the Assn.?

Lawyer's Assistant: Where is the property located?

In Sausalito

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can fill in the details when I speak to an attorney.

Submitted: 8 months ago.Category: Legal
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9/7/2017
Lawyer: Attorney2, Attorney replied 8 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,439
Experience: 30 Years In General Practice,
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Lawyer: Attorney2, Attorney replied 8 months ago

Yes, you have recourse. The Association is governed by all Fair Housing Laws and making a reasonable accommodation (this is a repair) for you is required. You can file a complaint with the State as well as bring an action against the board for failure to repair the elevator.

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Lawyer: Attorney2, Attorney replied 8 months ago

"Reasonable accommodation is a Federal Fair Housing Act ("FHA") issue, not ADA.

Verifying the Disability. When a disabled owner makes a request for reasonable accommodation and the person's disability is obvious, the association cannot request additional information about the existence and validity of the disability. When the disability is not obvious, an association can request information verifying:

  1. The person is disabled,

  2. The need for the requested accommodation, and

  3. The relationship between the disability and the requested accommodation.

Reasonable Accommodation vs. Modification. A “modification” under the FHA is distinct from an accommodation. The Fair Housing Act does not provide a definition for “modification,” but regulations promulgated by HUD define a modification as any change to the public or common use areas of a building or any change to a dwelling unit. Claims for reconstruction or renovation to a dwelling are actionable under the reasonable modifications section of the FHA, and not the reasonable accommodation section.

Discrimination. Discrimination under the Act includes “a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.” 42 U.S.C. §3604(f)(3)(A). The statute also makes unlawful any “refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” §3605(f)(3)(B).

RECOMMENDATION: Failure by a board to make reasonable accommodation when an appropriate request has been made can lead to costly litigation for the association. Boards should consult with legal counsel when a resident makes a request for reasonable accommodation." https://www.davis-stirling.com/Main-Index/Accommodation

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Lawyer: Attorney2, Attorney replied 8 months ago

This is a link for Attorneys in your area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/real-estate-law/sausalito/california

You can also file a fair housing complaint at https://www.dfeh.ca.gov/complaint-process/complaint-forms/

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Lawyer: Attorney2, Attorney replied 8 months ago

Do you have any additional questions for me?

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Lawyer: Attorney2, Attorney replied 8 months ago

Are you online with me?

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