A South Carolina real estate broker manages a large residential apartment complex in Columbia. A current tenant with HIV/AIDS requests a reasonable accommodation — specifically, a unit on the ground floor to avoid stair climbing due to fatigue caused by his condition. The broker denies the request, stating that no ground-floor units are currently available and that the policy is to assign units based on application date. Three weeks later, a ground-floor unit becomes available and is assigned to a new tenant with a later application date. Under South Carolina's fair housing law, which of the following best describes the broker's obligation when the ground-floor unit became available?
Correct Answer
B) The broker was required to offer the ground-floor unit to the tenant with HIV/AIDS as a reasonable accommodation before assigning it to the new applicant.
Under the Fair Housing Act and South Carolina's mirroring fair housing law (S.C. Code Ann. §§ 31-21-10 et seq.), a landlord or property manager must provide reasonable accommodations to persons with disabilities when such accommodations are necessary to give them equal opportunity to use and enjoy housing. HIV/AIDS is recognized as a disability under fair housing law. When the ground-floor unit became available, the broker had an obligation to consider the pending reasonable accommodation request and offer the unit to the tenant before assigning it to a new applicant based solely on application date. Failing to do so constitutes a failure to provide a reasonable accommodation.
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Related Topics & Key Terms
Key Terms:
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A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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