This article originally appeared in the April 2025 edition of Quorum.
Learning from your mistakes is a valuable trait, but let's be real: learning from other people's mistakes is even better (and less expensive). When it comes to the federal Fair Housing Act (FHA), we often talk about the dos and don'ts, best practices, and recommended procedures to make sure we stay on the right track. Sometimes the best lessons and insights come from seeing what everyone else did wrong.
Quick Recap
The FHA requires that condominiums, homeowners associations, and cooperatives grant requests for reasonable accommodations and reasonable modifications when it may be necessary to afford a person with a disability an equal opportunity to use and enjoy the premises.
What's the difference between an accommodation and a modification? In the simplest terms, a request for an accommodation is when someone asks for an exception to rules, policies, procedures, or practices. A request for a modification is when someone asks about making a structural change to the existing premises.
Let's look at a brief summary of three real-world cases that came up in 2024 involving the FHA.
The Screeching Parrots
Meril Lesser moved into her co-op in 1999 with two emotional support parrots. By 2015, she had acquired a third. Her co-op's governing documents include restrictions on unreasonable noise and noise that disturbs the quiet enjoyment of others.
Not everyone was thrilled about the trio of squawking parrots, and neighbors began to complain about the loud screeching and screaming at all hours of the day and night.
Ms. Lesser took steps to minimize the noise, asked that the co-op board allow her to keep her three parrots as a reasonable accommodation, and gave the board a letter from her psychiatrist explaining that she needs all three parrots for her anxiety, depression, and panic attacks.
What did the board do? They started eviction proceedings against Ms. Lesser and refused to approve a qualified candidate from purchasing her apartment. The case was finally resolved with a consent decree that includes the co-op paying Ms. Lesser $165,000 in damages and $585,000 to purchase her shares in the co-op.
Takeaway: If someone with a disability provides the necessary documentation for their requested accommodation, then their request must be granted. Also, don't try to evict someone for asking for an accommodation.
The Fence Fight
The Newman family lives in a homeowners association in De Pere, Wisconsin. They have four children, three of whom have autism and are prone to elopement. To keep them safe, their healthcare providers recommended installing a fence in the backyard. Here's the catch: the community has a no-fence restriction.
In 2019, the Newman family requested a reasonable accommodation to install a fence in their backyard for their children's safety. The board never responded to their multiple requests and instead sent a community-wide letter explaining that the board will not make exceptions to the no-fence restriction.
The family took the case to court in 2021, was granted a preliminary injunction in 2022 to construct the fence, and entered a settlement in 2024 requiring the association to pay the family $200,000.
Takeaway: Each request for an accommodation must be reviewed individually and provided a response. Don't say "no" just because "it's always been no." Have an interactive discussion, understand the person's needs, and go from there.
The Landscaping Mishap
Mr. Brock and his wife, Ms. Aplicano, live in a homeowners association in Garden City, Idaho. Over the years, they found it harder to maintain their property because of their limited mobility. While they didn't share their diagnoses with community members, they did voice their difficulty maintaining their property.
Mr. Brock and Ms. Aplicano decided to relandscape their property to minimize the needed maintenance and submitted their proposed plans to the association's president. He gave the thumbs-up, so they got started on the project. As soon as the project was underway, the association's president suggested that they submit their plans to the architectural control committee for approval. To their surprise, the committee rejected their application because of the color of the gravel and the way it extended to the curb. They nonetheless completed their project.
Mr. Brock and Ms. Aplicano filed a complaint with the court on the basis that the committee's rejection of their plans constitutes a denial of their reasonable modification request under the FHA. The court found that Mr. Brock and Ms. Aplicano (i) failed to provide the association sufficient information such that the association knew or should have known that they had disabilities; (ii) did not adequately communicate that the modification was required because of a disability; and, (iii) were able, nonetheless, to complete the modification without interference.
Takeaway: Make sure the basics are covered. An association should always confirm that a request for modification has actually been made and that the individual requesting the modification has a disability as defined under the FHA and a disability-related need for the requested modification.
Each of these cases is a reminder that when it comes to the FHA, associations need to be careful and reasonable. Following the FHA isn't just about avoiding costly mistakes; it's about ensuring everyone has equal enjoyment and use to the place they call home. Work with your legal counsel to make sure you properly process and respond to each request.
Read the full article in the April 2025 edition of Quorum.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
