Fair Housing Accommodations

Started by DeanJ • 2 replies • 186 views

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DeanJ
Posts: 1,786

Posted:

When an HOA grants a reasonable accommodation due to disability at. A homeowner expense,, does the HOA retain the right to require the accommodation be removed, property returned to condition to comply with a design standard, upon the disabled persons death or no longer occupying the home?

As an example a ramp at from entrance and the death of the disabled person. Can the accommodation be temporary as required?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Yes.

Once the accommodation/modification is no longer required, it (ramp for example) should be removed and the property returned to covenant standards.

From HUD (see: Information for Housing Providers, Landlords, and Property Managers) [emphasis added]:

Under the Fair Housing Act, there is a difference between a reasonable accommodation and a reasonable modification.

A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service.

A reasonable modification is a change to the structure of a housing development or dwelling.

The Fair Housing Act applies to most housing. If a reasonable modification is necessary, you may, in certain circumstance require the individual with a disability to pay for the change and require them to pay to undo the change if they move out.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Dean

It is quite common for an association to add restrictions as part of their approval. Such as, the handicap ramp must be removed upon death of so and so.

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