Ask a Lawyer
What should I do when a resident requests a reasonable accommodation or modification due to a disability?
Many fair housing lawsuits arise because housing providers either ignore requests or fail to respond to them promptly. You should take immediate action to consider the request and take each request seriously. Under fair housing laws, you are required to engage in an “interactive process” to determine whether the resident has a disability and whether the requested accommodation or modification is reasonable and necessary. You should never automatically approve or deny a request. Instead, you should evaluate each request individually, request reliable disability-related information when permitted and document your decision-making process.
Can I require residents to remove older or unattractive homes?
Generally, the age of the home alone is not a sufficient reason to require removal. However, you can enforce reasonable appearance and maintenance standards that require that homes be in a safe, structurally sound and aesthetically pleasing condition. If a home fails to meet those standards after you have given the homeowner notice of the problems and an opportunity to remedy them, you may be able to demand that the home be removed. Be careful, though, about being overly concerned about interior conditions. The PA Attorney General’s office has opined that the interior conditions are not a concern of the owner of the community (unless they constitute a dangerous situation). If you do not already have home standards in place, you should consider amending your rules and regulations to enact them. In so doing, keep in mind that objective standards are easier to enforce than subjective opinions.
I am hearing that fair housing complaints are on the rise. How can I reduce the risk of a fair housing complaint being filed against me?
Most fair housing complaints arise from the claim that owners are treating residents or prospects inconsistently. While you cannot prevent residents or prospective residents from filing discrimination claims, here are seven things that you can do to minimize your risk of being liable for housing discrimination claims:
- Have a written fair housing policy.
- Train all your employees who interact with your residents on how to avoid fair housing violations.
- Require that all vendors, contractors and others who provide services in your community comply with all fair housing laws.
- Apply your rules and regulations consistently.
- Document all communications and decisions involving fair housing issues.
- Respond promptly to accommodation requests.
- Periodically review your forms, policies and procedures to ensure that they are updated and consistent with current fair housing requirements.
