Fair Housing Laws and Condominiums A presentation by Center for Independence of the Disabled, NY (c) CIDNY 2014 1

Fair Housing Laws and Condominiums People with disabilities are protected against housing discrimination by several Fair Housing Laws (FHL): the Fair Housing Act; Americans with Disability Act, Title III; the New York State Human Rights Law; the New York City Human Rights Law. There are two other laws that protect people with disabilities but that will not be discussed in this power point – Section 504 and NYC Building Codes. (c) CIDNY 2014

Definitions What groups of people are covered by the FHL? People of different race, ethnicity, sex, religion, familial status, and disability. What is a “disability ”? Each FHL has its own definition. Basically disability is defined as a physical or mental impairment that substantially limits a major life activity. Disability also includes those individuals who have any history of a disability or who may still suffer discrimination based on perceived disability due to ignorance or negative reaction to their impairment. (c) CIDNY 2014 3

Definitions The term “substantially limits” suggests that the limitation is “significant” or “to a large degree.” In short, it’s an impairment that must be sufficiently severe and sufficiently long-term to rise to the level of disability, but it need not be permanent. The term “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. (c) CIDNY 2014

Fair Housing Laws and Condominiums What is housing discrimination against people with disabilities? You discriminate against a condo owner if you: Deny access when renting, selling or leasing because of his/her disability; and/or Refuse to make any reasonable accommodation or modification. (c) CIDNY 2014

Fair Housing Laws and Condominiums Can a condo board ask about a tenant’s disability? No, unless the condo owner is applying for housing designated for people with disabilities or if the condo owner is asking for an accommodation. The condo board should never ask for the condo owner ’s medical records or require that the condo owner prove that he/she can live independently. (c) CIDNY 2014

Definitions What exactly is a reasonable accommodation? A reasonable accommodation is a change in rules, policies, or services so that a person with a disability will have an equal opportunity to use a dwelling unit or common space. For example making an exception to a no pet rule. And, accommodations also include physical modifications, such as ramps. Common use areas means rooms, spaces, or elements inside or outside of a building that are made available for the use of residents of a building or their guests. (c) CIDNY 2014

Definitions Covered multifamily dwellings means buildings consisting of six or more dwellings (under the ADA), four or more dwelling units (under the FHA) or three or more (under NYS & NYC HRL) if such buildings have one or more elevators; and all ground floor dwelling units in other buildings consist of six or more (under the ADA), four or more (under FHA) or three or more (under NYS & NYC HRL) dwellings units. Dwelling units means a single unit of residence for a household of one or more people. (c) CIDNY 2014

Fair Housing Laws and Condominiums How should a condo owner ask for a reasonable accommodation? If at all possible, the condo owner should make his/her request in writing so that there is documentation to show that a request was made and when it was made. However, it is not required to be in writing. The request should include an explanation of the change sought and how that change is related to his/her disability. If the disability is not obvious, you may ask for documentation from his/her doctor or other professional saying that he/she have a disability and that he/she needs the accommodation sought. It would be best for the Condo Association to have a procedure for handling such requests so that there is consistency. (c) CIDNY 2014

Fair Housing Laws and Condominiums Can a condo board deny a condo owner’s request for a reasonable accommodation to his/her condo or the common area? No, not if the accommodation is reasonable and related to the condo owner’s disability. However, if the modifications would fundamentally alter the nature of the facilities, privileges, advantages, or other accommodations a condo board can refuse to make an accommodation. For example, if a condo owner is seeking an elevator in a building that cannot structurally support the elevator but perhaps ramps would meet the accommodation. Or if a condo owner wants central air conditioning but the building structure does not allow for it then window units can be offered. (c) CIDNY 2014

Fair Housing Laws and Condominiums If the condo owner didn’t ask for an accommodation when he/she applied for the condo, is it too late to ask for it now that he/she already lives in my condo? No. He/she can ask for an accommodation at any time. (c) CIDNY 2014

Fair Housing Laws and Condominiums A condo owner has a mobility impairment that makes it difficult for him/her to walk long distances, but the apartment complex does not have assigned parking spaces. Is the condo board responsible to assign him/her a parking space near the entrance of his/her unit? Yes. If he/she requests an accessible parking space near the entrance of his/her unit, and there are available parking spaces, the condo board should make a parking space available as an accommodation. If your condo board denies the request, they are violating housing laws. (c) CIDNY 2014