On January 28, 2020, the Department of Housing and Urban Development (HUD) issued new guidance on how housing providers, such as condominium associations, homeowners associations and landlords, can comply with the Federal Fair Housing Act (FHA), 42 USC 3601 et seq. in evaluating requests for assistance and emotional support animals.
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Given that there can be major penalties for wrongfully denying a request for an emotional support animal, it is important for condominium and homeowners associations to consult with counsel in order to determine whether a request for an emotional support animal is legitimate.
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In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association. Based upon the facts of the case, the court determined that the homeowners association…
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In the summer of 2013, Kayla West began looking for a house to rent in Georgia. She came across a rental home owned by DJ Mortgage, LLC, and contacted Gene Andrews, DJ Mortgage, LLC’s property and leasing manager. Ms. West entered into a lease agreement for the rental property, and between August 2013 and October 2013, Ms. West alleged that…
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With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to cool down. Also, pools are not only good for cooling down but also provide numerous other benefits, including family time without the distractions of today’s technology, fitness training, stress relief, therapy and helping to keep children active. Additionally, community pools…
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I had the pleasure of attending the Community Association Institute (CAI) Advocacy Summit in Washington, D.C. earlier this week and talking with various legislators and their staff regarding issues that impact Condominium Associations. Three (3) major federal issues that will impact Condominium Associations and Homeowner Associations are as follows: 1. Amateur Radio Parity Act of 2015 – H.R. 1301 & S.…
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