HUD Releases Final Rule Related to Discrimination in Community Associations

Posted by on Aug 2, 2017 in Disability Accommodations, Fair Housing, Legislation

By Caroline Record, Esq.

In September 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations relating to housing discrimination, which now require community associations to investigate claims of harassment by one resident of another resident who is a member of a  “protected class.” Under the Fair Housing Act, a protected class includes race, color, national origin, religion, sex, familial status and disability/handicap. In the past, if an association resident harassed another association resident, the association’s board or community manager may have viewed this as a personal issue, which would not be within the association’s scope of responsibility to investigate/address. This position was based on the belief that the association neither encouraged nor participated in the alleged harassing conduct and, therefore, could not be responsible for the conduct of its residents.

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Join Us at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015!

Posted by on Apr 26, 2015 in Alternative Dispute Resolution, Architectural Controls, Assessments, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FDCPA, FHA, First Amendment Rights, Foreclosure, Municipal Services Act, New Jersey Cooperator

Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey.

Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team at Booth 600.

For more information or to register to attend, click here!

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Get Off My Lawn: Association Hit With Fair Housing Act Violations for Discrimination Against Families with Children

Posted by on Mar 25, 2015 in Fair Housing, Legal Decisions

By Jonathan H. Katz, Esq.

On March 20, 2015, the Department of Justice announced that they had reached an agreement with Greenbrier Village Homeowner’s Association Inc. in Minnetonka, Minnesota. The agreement resolved a November 2013 lawsuit that alleged that the Association unlawfully discriminated against residents with children by enforcing rules prohibiting the use of common areas within the Association. As part of that settlement, the Association agreed to establish a new non-discrimination policy in accordance with the Fair Housing Act and to pay over $100,000 in penalties.

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NJ Division on Civil Rights Issues New Disability Accommodation Fact Sheet for Housing in Community Associations

Posted by on Aug 26, 2014 in DCA, Disability Accommodations, Fair Housing, Legal Decisions, Legislation

By Jonathan H. Katz, Esq.

On August 21, 2014, New Jersey’s Office of the Attorney General, Division on Civil Rights (the “DCR”) released a “Fact Sheet,” which addresses disability accommodation rights for “owners and occupants of condos, cooperatives, and other common interest communities governed by a homeowners’ association or similar entity.”

The Fact Sheet is the result of a statute, N.J.S.A. 45:22A-48.3, recently enacted, which requires the DCR, in consultation with the Department of Community Affairs, to post information on its website explaining disability rights under New Jersey’s Law Against Discrimination (“LAD”).

The Fact Sheet discusses a variety of issues related to the rights of persons with disabilities under the LAD, including examples of what will constitute a reasonable accommodation and/or a reasonable modification. The Fact Sheet also includes a section focused on assistance animals, such as service dogs, guide dogs and emotional support animals. Finally, the Fact Sheet provides information on how persons with disabilities can pursue a formal complaint if they believe their rights under the LAD have been violated by a board, association or other housing provider.

You can view the DCR’s Fact Sheet by clicking here.

For more information on this or any other issue concerning your community association, please contact one of our Community Associations attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw.

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Join Us at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7th

Posted by on May 6, 2014 in Alternative Dispute Resolution, Architectural Controls, Board Meetings, Books and Records, Collections, Contracts, DCA, Disability Accommodations, Fair Housing, FHA, First Amendment Rights, Foreclosure, Insurance, Lease/Rental Restrictions, Legal Decisions, Legislation, Municipal Services Act, New Jersey Cooperator, Speaking Engagements

BoothLogo (03361700)Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2014 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Wednesday, May 7, 2013, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey. Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team.

Hill Wallack LLP Partner Caroline Record, Esq. is among the featured panelists of experts at the Educational Seminar titled “Breaking Bad – The Insiders Guide to By-Laws & Rules.” This seminar will discuss how by-laws and rules are the keys to maintaining a harmonious community, provided that they are reasonable and properly enforced. The panel will discuss the keys to drafting, enacting and enforcing by-laws and house rules. Topics to be explored include when to change by-laws/rules; the proper and legal method of changing them; the role of your association’s attorney; how your governing documents affect by-laws/rules, and much more.

For more information or to register to attend, click here!

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Karpoff to Speak at the 2012 Community Association Law Summit

Posted by on Nov 12, 2012 in CAI, Disability Accommodations, Fair Housing, Legislation, Speaking Engagements

Hill Wallack LLP Partner Michael S. Karpoff, Esq. will speak on “Disabled Residents and the Law Against Discrimination: Reasonable Modifications of Facilities and Accommodations of Rules and Policies” at the 2012 Community Association Law Summit. This seminar is presented in cooperation with the New Jersey Chapter of the Community Associations Institute and the New Jersey State Bar Association’s Real Property, Trust and Estate Law Section.

The summit will be held at the New Jersey Law Center in New Brunswick, New Jersey, on Thursday, December 6, 2012, and has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.8 hours of CLE credit, of which 1.0 qualify for ethics/professionalism credit. CLE credit is also available for PA and NY.

For more information on this seminar or to register to attend, please click here.

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