Fair Housing

November 20, 2024

Seventh Circuit Court of Appeals Holds Community Association Not Liable for Discriminatory Remarks Made by Board President

Community associations are required to comply with the federal Fair Housing Act. The Fair Housing Act protects owners and occupants in community associations from discrimination based on race, color, religion, sex, national origin, familial status, and disability. In Illinois, community associations must also comply with the Illinois Human Rights Act which prohibits discrimination against any of the foregoing as well…
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August 21, 2024

765 ILCS 605/18.12: What Every Condominium Association Needs to Know About the New Accessible Parking Requirements Under the Illinois Condominium Property Act

The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024 and the legislation will be effective on January 1, 2025. This article will provide critical guidance to condominium association board members on…
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February 1, 2022

How to Resolve Conflicting Requests for Reasonable Accommodations Under the Federal Fair Housing Act

Handling requests for reasonable accommodations under the federal Fair Housing Act, 42 USC § 3601 et seq. (“FHA”), can be one of the more daunting aspects of serving as a condominium or homeowners association board member. The potential legal risks that are attached with requests for reasonable accommodations, particularly if those requests are denied, are highlighted by statistics from the…
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February 3, 2020

The Top 3 Things You Must Know About HUD’s New Guidance on Assistance and Emotional Support Animals

On January 28, 2020, the Department of Housing and Urban Development (HUD) issued new guidance on how housing providers, such as condominium associations, homeowners associations and landlords, can comply with the Federal Fair Housing Act (FHA), 42 USC 3601 et seq. in evaluating requests for assistance and emotional support animals.  HUD estimates that 60% of all Fair Housing Act complaints relate…
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April 4, 2019

HOA Violates the Fair Housing Act by Denying a Service Animal Clubhouse Access

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association.  Based upon the facts of the case, the court determined that the homeowners association…
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