Presentation Transcript

1. Not in our Pool:

   Navigating the Americans with Disabilities Act and Fair Housing Act in Your Community Association The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co
2. Pool Time for All? The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co
3. The Americans with Disabilities Act and the Fair Housing Act The ADA A person is disabled under the ADA if he or she has a physical or mental impairment that substantially limits one or more of his or her major life activities, he or she has a record of such an impairment or he or she is regarded as having such an impairment. The ADA prohibits discrimination against persons who are associated with an individual with a disability. The FHA Federal and state iterations of fair housing laws prohibit housing discrimination based on race, color, religion, national origin, sex, disability, and familial status (families with children under age 18). Virginia further protects "elderliness," individuals age 55 or older, from housing discrimination. The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co
4. Are You Subject to Both? The ADA The FHA Fair housing requirements apply to all housing providers – property managers, community associations, owners, landlords, real estate agents, banks, savings institutions, credit unions, insurance companies, mortgage lenders, and appraisers. If your community association and its amenities are purely private and not places of public accommodation, the ADA does not apply. The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co
5. Focus on the FHA Put simply, the Community Association is required to make a reasonable accommodation for its disabled co-owners: It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap. Discrimination against the disabled includes a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premisesor a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co
6. John Quinones Wants to Know: What Would You Do? The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co
7. Statutes Americans with Disabilities Act: 42 U.S.C. 12101 et seq. Fair Housing Act: 42 U.S.C. 3601-3619, penalties for violation at 42 U.S.C. 3631 Virginia Fair Housing Law: Title 36, Chapter 5.1, §§ 36-96.1 thru 36.96.23 Virginia Fair Housing Regulations: 18 VAC135-50-10 - 550 The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co
8. Questions? The Law Office of Sheyna Nicole Burt, PLC, 12250 Maidstone Court, Woodbridge snburt@burtlaw.co * 703-927-3999 * www.burtlaw.co