Reader Questions - Fair Housing Issues

Hi Kelly,

In my condo complex we have a rule that dogs, 15 pounds and under are allowed, but they have to be carried in common areas. We have some service (and “companion”) dogs that are considerably larger. What applies to them since they are not easily carried in our hallways, elevators, etc. especially by people who are somewhat incapacitated and can hardly manage their own canes and carts?

J.C., Rancho Palos Verdes

Dear J.C.,

There is a difference between service dogs, which are specially trained to perform certain tasks, and companion dogs, which are much more common. A companion animal needs no training, but a letter from a health care professional confirming the resident’s need for the animal. If a resident’s companion animal is larger, the association will need to bend the rule about carrying the dog. However, the dog still cannot create a nuisance to others, such as barking, menacing residents, or soiling floors in common areas.

Thanks,
Kelly

Hello,

My aunt lives in a 55 and older HOA. She required a care giver, who is under 55. The care giver has lived with my aunt for approximately a year. The HOA board approached her and stated they are not happy a care giver under 55 is living with her. Unfortunately my aunt just suffered a stroke and will need long term therapy in a skilled setting. The care giver is still living at my aunt’s house. The HOA board member has called the house and is asking a lot of questions to the care giver about my aunt’s condition. Can the care giver stay at my aunt’s house?

M.S., Orange

Dear M.S.,

The association should be very careful in restricting the caregiver necessitated by your aunt’s disability. The board should consult its counsel regarding whether or not it must bend its rules and allow the caregiver to stay, in order to help your aunt. Furthermore, under Civil Code 51.3(b)(7), the caregiver may qualify as a “Permitted Health Care Resident” and stay up to 90 days in the residence while the disabled person is hospitalized but expected to return to the care giver’s care.

The association is required under the Fair Housing Act to make reasonable accommodations for your disabled aunt, and accommodations may include reasonable steps to permit the caregiver. If the association unreasonably restricts the care giver, it may run afoul of the fair housing laws.

Thanks for your question,
Kelly

Dear Kelly,

Can an HOA add a rule saying children cannot ride their bicycles, scooters, toys, skates etc.in the street? They have no other place to play and the parents are always watching.

Thank You,

J.C., Anaheim

Dear J.C.,

No, the association cannot discriminate against children. Under fair housing laws, this is “familial status” discrimination. If the board desires to ban playing, skating or biking in the streets, it should ban it as to all residents, not only children. To single out children is a violation of the Fair Housing Act, and is frankly also unnecessary. Ban the unsafe activity, not the participants. There are some particular places where children may need to be accompanied for safety reasons, such as at the pool or in the association gym.

Thanks,
Kelly

For information about California Fair Housing, visit www.dfeh.ca.gov.

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.