the applicant was in violation of the Clean Air Act, right? The Act only covers smoking and vaping tobacco smoke in indoor common areas. ○ The association’s attorney concluded that it is highly unlikely that, if challenged, the association could legally prevent the applicant from purchasing a unit in the association. DISCUSSION OF OTHER POTENTIAL SCREENING APPROVAL PROCESS ISSUES Protected classes Protected classes are persons sharing some similar
persons against discrimination based on color, race, national origin, religion, disability, age, and sex. State and local governments have also passed laws prohibiting discrimination against certain classes of people. In 1988, the Federal Fair Housing Act Amendments (FHAA) expanded this scope to include familial status and handicapped persons, including in all types of housing transactions. NOTE: For the purposes of this course, disability and handicap are considered synonymous. The FHAA defines handicap as: ● A physical or mental impairment which substantially limits one or more of such major life activities. ● A record of having such an impairment or being regarded as having such an impairment. Under the FHAA it is unlawful “to discriminate in the sale or rental ... of a dwelling to any buyer or renter because of a handicap of that buyer or renter, a person residing in or intending to reside in that dwelling after it is sold, rented, or made available, or any person associated with that buyer or renter.” Further, it is a violation of the Act for any person to, “refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.” The United States Department of Housing and Urban Development (HUD) is responsible for administering the FHA and FHAA. To establish a strong case of housing discrimination under the FHAA the following elements are necessary: ● The first element indicates that the tenant or owner must have a qualifying disability and it must be established that the housing provider knew of the handicap or should be reasonably expected to provide the disabled tenant or owner with an equal opportunity to use and enjoy the dwelling, and the housing provider cannot deny granting a request for an accommodation, such as waiving a no-pets policy. ● The second element, that the housing provider knew of the handicap or should have known of it, places an affirmative burden on the housing provider to provide the reasonable accommodation, such as a waiver of a no-pets policy for an emotional support animal. ○ A housing provider wishing to obtain a waiver of a no- pets policy for an emotional support animal may meet this burden by providing a letter from their physician or mental health professional stating that the tenant or owner has a physical or mental disability, explaining that the animal is needed to lessen the effects of the disability, and requesting that the animal be allowed in the unit as a reasonable accommodation for the mental disability. ○ Landlords or associations are entitled to ask for supporting materials that document the need for an emotional support animal. ○ Mere emotional distress that would result from having to give up an animal because of a no-pets policy will not qualify under federal law. Instead, there must be a link between the animal and the disability.
characteristics and because of those characteristics they are legally protected from some forms of discrimination. The federal government has passed statutes protecting certain Disabled persons It is illegal for a public or private housing provider (including homes/ units/parcels in a community association) to deny someone membership or residency to a disabled person based on their disability. An association may also be required to make reasonable accommodations and modifications to enable a disabled resident to use and enjoy their dwelling and common elements. The Americans with Disability Act (ADA) defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability. It also includes individuals who do not have a disability but are regarded as having a disability. The ADA also makes it unlawful to discriminate against a person based on their association with a person with a disability. The ADA identifies the major life activities as including, but not limited to, the following: Major Life Activities • Bending
• Sleeping • Speaking • Standing • Thinking • Walking • Working
• Hearing • Learning • Lifting • Performing
• Breathing • Caring for oneself
manual tasks
• Communicating • Concentrating • Eating
• Reading • Seeing
Additionally, the ADA defines a mental disability as a mental impairment as any psychological or mental disorder, such as emotional or mental illness, mental retardation, organic brain syndrome, and learning disabilities. The Federal Fair Housing Act (FHA) of 1968 (also known as Title VIII of the Civil Rights Act of 1968) was passed to impose a comprehensive solution to the persistence of unlawful discrimination in housing based on race, color, sex, national origin, or religion. The FHA defines persons with a disability to mean those individuals with mental or physical impairments that substantially limit one or more major life activities. The term mental or physical impairment may include conditions, such as blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. The FHA also protects persons who have a record of such an impairment or are regarded as having such an impairment. Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the FHA, by virtue of that status. The FHA affords no protections to individuals with or without disabilities, who present a direct threat to the persons or property of others.
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Book Code: CAMFL1524
EliteLearning.com/CAM/Florida
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