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Practice Of Real EstateFair_housingHARD

A homeowner's association (HOA) in an Alabama subdivision adopts a rule prohibiting residents from installing wheelchair ramps on the exterior of their homes, citing aesthetic standards. A resident with a mobility disability requests a reasonable accommodation to install a ramp. The HOA denies the request. Under the Alabama Fair Housing Law, which of the following best describes the HOA's legal exposure?

Correct Answer

D) The HOA may have violated fair housing law by failing to provide a reasonable accommodation for a person with a disability.

Under Code of Alabama §24-8-1 et seq., disability is a protected class. Fair housing law requires housing providers, including HOAs, to make reasonable accommodations in rules, policies, and practices when necessary to afford a person with a disability equal opportunity to use and enjoy housing. Denying a resident with a mobility disability the ability to install a wheelchair ramp — a reasonable modification — may constitute a failure to accommodate under Alabama's fair housing law.

Answer Options
A
The HOA has no liability because HOA aesthetic rules are exempt from fair housing requirements under Alabama law.
B
The HOA has no liability because the resident can use an interior ramp instead of an exterior modification.
C
The HOA may have violated fair housing law only if the resident's disability was caused by a workplace injury.
D
The HOA may have violated fair housing law by failing to provide a reasonable accommodation for a person with a disability.

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Related Topics & Key Terms

Key Terms:

fair_housingdisabilityreasonable_accommodationhoaprotected_classes

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