disability: Yesterday the U.S. Department of Justice Sued a Large Multi-Family Housing Developer Alleging Disability-Based Housing Discrimination
- 03/04/09 11:45 PM
Here is another example of a lawsuit that was recently filed by the United States Department of Justice ("DOJ") to enforce the Fair Housing Act. I try to post summaries of these types of cases in order to provide timely updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue. Yesterday afternoon (Wednesday, March 4, 2009), the DOJ filed a lawsuit against JPI Construction L.P. (“JPI”) and six JPI-affiliated companies for failing to provide accessible features required by the Fair Housing Act and the Americans with Disabilities … (2 comments)
disability: A Housing Provider or Homeowner’s Association May Not Condition Approval of a Request for a Reasonable Modification on the Requester Obtaining Special Liability Insurance
- 02/27/09 05:39 AM
The question often arises whether a housing provider or homeowner’s association may condition the approval of a request for a reasonable modification (under the Fair Housing Act) on the requester obtaining special liability insurance. The answer is, no. Imposition of such a requirement would constitute a violation of the Fair Housing Act. For Example: Because of a mobility disability, a tenant wants to install a ramp outside his unit. The housing provider informs the tenant that the ramp may be installed, but only after the tenant obtains separate liability insurance for the ramp out of concern for the housing provider’s potential … (0 comments)
disability: How Does A Housing Provider Know If An Accommodation Or Modification Request Is “Reasonable”? When Can The Housing Provider Refuse A Request?
- 02/27/09 05:28 AM
Under the Fair Housing Act, a person with a disability may be entitled to a reasonable accommodation or modification. A reasonable modification is a structural change made to the premises whereas a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. A person with a disability may need either a reasonable accommodation or a reasonable modification, or both, in order to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. An accommodation or modification is reasonable if: It is related to the resident’s disability needs; Is not an … (0 comments)
disability: Instances When a Housing Provider Can Deny a Request for a Reasonable Accommodation Without Violating the Fair Housing Act
- 02/27/09 05:16 AM
A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable (i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider’s operations). The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as … (0 comments)
disability: The Fair Housing Act Does Not Protect . . .
- 02/27/09 05:01 AM
As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. What many agents tend to forget, however, is that the Act does not protect juvenile offenders, sex offenders, persons who illegally use controlled substances, and persons with disabilities who pose a significant danger to others. Juvenile offenders and sex offenders, by virtue of that status, are not persons with disabilities protected by the Fair Housing Act. Similarly, while the Act does protect persons who are recovering from substance abuse, it does … (1 comments)
disability: $62,000 Settlement in Fair Housing Disability Discrimination Case Against Apartment Complex for Refusing to Allow Residents to Keep Service Dogs
- 02/23/09 06:33 AM
On May 29, 2008, the United States Department of Justice ("DOJ") settled a fair housing disability discrimination case for $62,000 that was brought against an apartment complex and the on-site manager for refusing to allow residents to keep service dogs. United States v. Stealth Investments LLC; BMT Investments LLC; and Steven Barry Woodhouse, No. 4:07-cv-500, filed in the United States District Court for the Idaho (consent order dated May 29, 2008). On May 29, 2008, the federal court entered a consent decree that settled this fair housing disability discrimination case brought by the DOJ against an apartment complex and its on-site … (2 comments)
disability: A Housing Provider Cannot Charge an Extra Fee or Require an Additional Deposit from Applicants or Residents with Disabilities as a Condition of Granting a Reasonable Accommodation
- 02/20/09 04:45 AM
Under the Fair Housing Act, housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation. Example 1: A man who is substantially limited in his ability to walk uses a motorized scooter for mobility purposes. He applies to live in an assisted living facility that has a policy prohibiting the use of motorized vehicles in buildings and elsewhere on the premises. It would be a reasonable accommodation for the facility to make an exception to this policy to permit the man to use his motorized scooter on the premises … (5 comments)
disability: When and How an Individual Needs to Request a Reasonable Accommodation or Permission to Make a Reasonable Modification under the Fair Housing Act
- 02/20/09 04:35 AM
Under the Fair Housing Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested accommodation and her disability. Similarly, a resident or an applicant for housing makes a reasonable modification request whenever she makes clear to the … (0 comments)
disability: General Information about What Kinds of Information, If Any, a Housing Provider May Request from a Person with an Obvious or Known Disability Who is Requesting a Reasonable Accommodation or Reasonable Modification
- 02/20/09 04:27 AM
A housing provider is entitled to obtain information that is necessary to evaluate whether a requested reasonable accommodation or reasonable modification may be necessary because of a disability. If a person’s disability is obvious, or otherwise known to the housing provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the housing provider may not request any additional information about the requester’s disability or the disability-related need for the accommodation or modification. If the requester’s disability is known or readily apparent to the housing provider, but the need for the accommodation or modification … (0 comments)
disability: Assigning a Parking Space Can Be Considered a Reasonable Accommodation under the Fair Housing Act
- 02/20/09 04:04 AM
If someone disabled asks a housing provider to create or designate a parking space for them, generally the law is going to require the housing provider to create or designate the space if three conditions are met: (1) the resident must ask for a designated space; (2) creating or designating the parking space would allow the disabled resident to live in and fully enjoy the premises; and (3) creating or designating the parking space would not create an undue financial or administrative burden for the housing provider. In processing a parking space request from someone who is disabled, the housing provider … (0 comments)
disability: Instances When a Housing Provider Can Deny a Request for a Reasonable Accommodation Without Violating the Fair Housing Act
- 02/16/09 05:03 AM
Are there any instances when a housing provider can deny a request for a reasonable accommodation without violating the Fair Housing Act? Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable (i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of … (0 comments)
disability: What Housing Providers Need to Know About Service Animals
- 02/15/09 03:21 AM
Under the Fair Housing Act, a housing provider cannot refuse housing to someone who is disabled because of their disability. Just as important, the law requires housing providers to accommodate a person’s disability by changing or modifying a rule or policy or practice when doing so is necessary to give the disabled person equal opportunity to use and enjoy his or her unit. Under the Fair Housing Act, a housing provider who has established a "no pet" policy must allow a disabled resident to keep a service animal as a reasonable accommodation. The housing provider must allow the disabled resident to … (0 comments)
disability: How a Housing Provider Can Determine if an Individual Poses a “Direct Threat” under the Fair Housing Act
- 02/10/09 02:09 AM
Every real estate professional should already know that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. What many people do not realize, though, is that the Act does not protect an individual with a disability whose tenancy would constitute a “direct threat” to the health or safety of other individuals or result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by reasonable accommodation. So, how can a housing provider determine if an individual poses a “direct … (0 comments)
disability: A Few Examples of Illegal Housing Practices Against Persons with Disabilities Under the Fair Housing Act
- 02/10/09 01:45 AM
Here is a little reminder for everyone about their obligations under the Fair Housing act with respect to people with disabilities. The following are a few examples of illegal housing practices against persons with disabilities under the Fair Housing Act: Refusing to rent or sell or otherwise making unavailable to an individual with a disability a dwelling unit, because of the buyer’s or renter’s disability; Imposing different terms and conditions on the sale or rental of a dwelling unit due to the buyer’s or renter’s disability; Coercing, intimidating or threatening a person for exercising his or her rights under the Fair … (2 comments)
disability: Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act
- 02/10/09 01:35 AM
The goal of the Fair Housing Act is to ensure “no person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real-estate related transactions.” With respect to people with disabilities, the Act serves to: Give people with disabilities opportunities to choose where they want to live; Assure that reasonable accommodations and reasonable modifications are made so that a person with a disability can secure and use housing as fully as a person without … (2 comments)
disability: Who Is Considered a Person with a Disability in Michigan
- 02/08/09 07:57 AM
Various fair housing laws use the terms “handicap” and “disability” interchangeably. Disability is the preferred term when referring to this group. Federal law defines a person with a disability as: • A person who has a physical or mental impairment that substantially limits one or more major life activities (“major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking) • Someone who is regarded as having such an impairment • Individuals with a record of such an impairment. Michigan state law … (3 comments)
disability: Disability Laws that Apply to Housing in Michigan
- 02/08/09 07:53 AM
The following disability-related laws apply to housing in Michigan: Fair Housing Act: The federal Fair Housing Act (Fair Housing Amendments Act of 1988, which became effective March 12, 1989) prohibits sellers or people in the real estate industry from discriminating against people because of their disability or the disability of anyone associated with them. The laws also include accessibility design and construction requirements for multifamily housing. Section 504 of the Rehabilitation Act of 1973: Section 504 prohibits discrimination based on disability in any housing, program or activity receiving federal financial assistance. Americans with Disabilities Act: In most cases, the ADA does … (0 comments)
disability: US Department of Justice Settles Fair Housing Act Case Brought Against Owners and Operators of Michigan Apartment Complex for $50,000
- 02/06/09 01:36 AM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this recent Fair Housing Act case. Because Fair Housing is such an important topic, I thought that I'd post a summary of this case. On January 18, 2007, the United States Department of Justice settled a fair housing retaliation case against the owners, operators and managers of Fairway Trails Apartments, an apartment complex located in Ypsilanti, Michigan. The case was brought under the Fair Housing Act against Nicole Morbach (property manager), Benchmark Management Corporation (management company), Benchmark Michigan … (0 comments)
disability: Fair Housing Testing Program
- 02/05/09 07:45 AM
As a real estate professional, you need to be aware that there are "secret shoppers" scouting open houses and rental vacancies trying to catch real estate agents in a fair housing violation. Those "secret shoppers" are fair housing testers. Fair housing testing is an invaluable tool used in measuring the practices of housing providers relating to the Fair Housing Act. Some unlawful housing discrimination practices can only be discovered through fair housing testing. Information gathered through fair housing testing can be used as evidence to support a client's administrative housing discrimination complaint with the Department of Housing and Urban Development ("HUD") … (0 comments)
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