October 4, 2016
When purchasing a condo unit with an FHA mortgage, borrowers may be subject to additional legal commitments associated with condo association agreements, which many condo purchasers must agree to as a condition of the purchase of their property. But sometimes the provisions of those agreements can, depending on how they are interpreted, run afoul of the Fair Housing Act.
One such case came to light recently on the Department of Housing and Urban Development’s official site in a recent press release titled. According to HUDNo.16-151, “The U.S. Department of Housing and Urban Development (HUD) announced today it is charging a Manhattan property owner with violating the Fair Housing Act by discriminating against a resident with disabilities who required the use of an assistance animal.”
Under the Fair Housing Act, those who provide housing (including condo owners) are prohibited from “denying or limiting housing to persons with disabilities, or from refusing to make reasonable accommodations in policies or practices for persons with disabilities. This includes waiving ‘no pet’ policies for assistance or service animals.”
HUD has filed charges on behalf of a Manhattan condo tenant with a disability, “who sought a reasonable accommodation from 111 East 88th Partners, a business partnership that owns his Manhattan apartment. Specifically, HUD alleges that the partnership failed to grant his request to keep an emotional support animal, citing a prohibition against pets in his lease”, according to the press release.
“Anytime a housing provider refuses a person with disabilities a necessary accommodation, it is effectively denying him or her the opportunity to use and enjoy his or her home,” said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity, who was quoted in the HUD press release. “In a nation where one out of every five people has a disability, this type of discrimination is unacceptable, and HUD will continue to address such discrimination when it occurs.”
The HUD charges allege that the condo owner made a “request for such extensive medical information, after the resident had already provided medical documentation attesting to his disabilities and need for the support animal”, which violated the tenant’s Fair Housing Act rights.
According to the HUD official site, the case is to be heard “by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds after a hearing that discrimination has occurred, he or she may award damages to the complainant for his loss as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees.”
Cases like these are often only resolved because the victim of the discrimination filed a complaint. If you feel your Fair Housing Act rights have been violated, file a complaint with the HUD Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed online at www.hud.gov/fairhousing
Joe Wallace has been specializing in military and personal finance topics since 1995. His work has appeared on Air Force Television News, The Pentagon Channel, ABC and a variety of print and online publications. He is a 13-year Air Force veteran and a member of the Air Force Public Affairs Alumni Association. He was Managing editor for www.valoans.com for (8) years and is currently the Associate Editor for FHANewsblog.com.
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