Our Firm has significant experience handling questions and disputes involving the federal Fair Housing Act (the “FHA”) and Americans With Disabilities Act (the “ADA”) in connection with residential and commercial properties, as well as in condominium and homeowners’ associations.
These laws are relevant to community associations because they require the condominium or homeowners’ association to approve reasonable modifications to property or accommodations to restrictions when necessary to allow the full use and enjoyment of the property by a disabled person. Everyone generally agrees that exceptions should only be required when necessary, but it is difficult to traverse the necessary steps in order to determine what law applies and request, review and confirm the necessary documentation make this determination. For example, many community associations do not know whether the ADA applies to their community, and it is a different analysis than requests made under fair housing laws.
Our team advises our clients on the key distinctions between the FHA and the ADA, and we have the knowledge and experience to defend any claims brought against our clients in any forum, be it a quasi-governmental agency or in federal or state court. Further, we regularly teach seminars in relation to all aspects of the FHA and the ADA.