NOVEMBER 2014
10
THE JOURNAL
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UNIQUE MONTHLY VISITORS
No. 9 on Get It Quick Page
A significant factor in qualifying a prospective
homeowner for community residency is an ap-
plicant's demonstrated ability to satisfy the
community's income standards. Yes, a com-
munity may set financial criteria for residency
without running afoul of anti-discrimination
laws provided the community's financial qualifi-
cation policies, rules and practices are applied
equally.
However, when the prospective homeowner
is disabled or handicapped as recognized under
federal law,
1
it may require community man-
agement to alter or deviate from its standard ad-
ministrative policies and practices as a
reasonable financial accommodation to afford
the applicant the ability to use and enjoy a home
within the community. No, this does not mean
a rent reduction because the applicant's income
falls short of community qualification standards.
Nor does it require management to participate
in the Section 8 voucher subsidy program.
2
It
means potentially making an adjustment to one
or more policies that could affect income qual-
ification standards which would then allow a
disabled applicant to meet those standards with-
out causing an undue administrative burden or
financial risk on the community owner.
Can there be a causal connection between
the prospective tenant's disability and his or her
need for an accommodation so as to afford that
person an equal opportunity to use and enjoy a
dwelling? And if so must community manage-
ment under certain circumstances make a rea-
sonable accommodation?
Unquestionably, the Fair Housing Amend-
ment Act (FHAA) makes it unlawful to dis-
criminate against disabled or handicapped
persons in the sale or rental of housing.
FHAA's definition of prohibited discrimination
encompasses "a refusal to make reasonable ac-
commodations in rules, policies, practices, or
services, when such accommodations may be
necessary to afford such person equal opportu-
nity to use and enjoy a dwelling."
3
The FHAA thus, "imposes an affirmative
duty upon landlords reasonably to accommodate
the needs of handicapped persons,"
4
not only
with regard to the physical accommodations,
5
but also with regard to the administrative policies
governing rentals.
6
COMMUNITY
LAW
BY ROBERT G. WILLIAMSON, JR. Esq.
Fair Housing Amendments Act May Require Financial
Accommodations to Prospective Homeowners with Disabilities
