HOA/Condo Disabilities and Discrimination
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DISCRIMINATION CONSISTS OF AN UNFAVORABLE DISTINCTION FOR ANY PERSON BASED ON THE GROUP, CLASS, OR CATEGORY TO WHICH THEY ARE PERCEIVED TO BELONG. IN THIS REGARD, THE CIVIL RIGHTS ACT OF 1968 MARKED A MILESTONE IN THE UNITED STATES WHEN PRESIDENT LYNDON JOHNSON SIGNED THIS LAW.
THE FEDERAL FAIR HOUSING ACT (FHA) PROHIBITS DISCRIMINATORY TREATMENT IN CONDOMINIUMS AND HOUSING DEVELOPMENTS THAT HAVE HOMEOWNERS’ ASSOCIATIONS. IN THE SAME WAY, THE FHA PROHIBITS DISCRIMINATION IN THE BUYING, SELLING, RENTING OR FINANCING OF HOUSES AND OTHER RESIDENTIAL STRUCTURES. DISCRIMINATION INCLUDES UNFAIR TREATMENT BASED ON RACE, SKIN COLOR, SEX, NATIONALITY, RELIGION, DISABILITY, CHILDREN, AND PROTECTED CLASS.
FAIR HOUSING AC T
It is important to note that the Fair Housing Act is also a part of the Civil Rights Act of 1968, and it is also known as “The Title VIII�. This law rules the activities of landlords, sellers, government entities, real estate companies, and other persons that can influence the decision-making process related to real estate transactions.
HOAS AND DISCRIMINATION While HOAs can draft and enforces their own rules according to the member’s interests, it is noteworthy that these rules and regulations must be drafted, implemented, and enforced according to nondiscriminatory practices. The violation of the Federal Housing Act A can lead to a lawsuit against an HOA, Condo, or any residential development association.
THE AUTHORITY THAT ENFORCES THE FHA
Who Does Enforce The Fair Housing Act (FHA)?
IS THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THIS ENTITY ALSO CAN PROVIDE INFORMATION TO AFFECTED CITIZENS ABOUT DISCRIMINATORY TREATMENT AND HOW TO PROCEED IN THE CASE OF DISCRIMINATION.
THE FAIR HOUSING ACT ALSO PROTECTS DISABLES FROM DISCRIMINATION. ACCORDING TO THE FHA, A PERSON WITH A DISABILITY IS AN INDIVIDUAL THAT SUFFERS FROM MENTAL OR PHYSICAL IMPAIRMENTS THAT SUBSTANTIALLY LIMIT THEIR LIFE ACTIVITIES AND QUALITY OF LIFE. THIS PROVISION INCLUDES ALL TYPES OF HOUSING TRANSACTIONS.
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