A Texas apartment complex built in 1993 with four or more units has common areas that are not accessible to persons using wheelchairs. The building was constructed with no elevator, and all units are on the second and third floors. A disabled prospective tenant files a complaint. Under the Fair Housing Act's design and construction requirements as enforced in Texas, which of the following is MOST accurate?
Correct Answer
D) The complex violates fair housing law because all multifamily buildings with four or more units built after March 13, 1991 must have accessible common areas regardless of elevator status
Under the Fair Housing Act (42 U.S.C. §3604(f)(3)(C)) and as enforced in Texas, multifamily dwellings with four or more units first occupied after March 13, 1991 must meet seven design and construction requirements. For buildings without an elevator, the ground-floor units and common areas must be accessible. Common areas must be accessible regardless of elevator status. Since this complex was built in 1993, it must have accessible common areas.
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- → Under HUD's Fair Housing Act design and construction requirements, which of the following is one of the seven accessibility standards required for covered multifamily dwellings first occupied after March 13, 1991?
- → A Texas property management company operates a 50-unit apartment complex open to the public. A prospective tenant who uses a motorized wheelchair inquires about accessibility. Under the Americans with Disabilities Act (ADA), which areas of the complex must be accessible?
- → A deaf tenant in a Texas apartment complex requests that the property manager communicate all important notices via email or text message rather than solely by phone calls. Under the Fair Housing Act as enforced through HUD in Texas, how should the property manager respond?
- → Under HUD regulations enforced in Texas, what is the difference between a "reasonable accommodation" and a "reasonable modification" in the context of fair housing for persons with disabilities?
- → A Texas apartment complex was built in 2020 with 16 ground-floor units and an elevator serving all four floors. Under the Fair Housing Act's design and construction requirements, how many units must meet the seven accessibility standards?
- → Under HUD's guidance on assistance animals as enforced in Texas, a housing provider may deny a request for an assistance animal in all of the following situations EXCEPT when:
- → Under HUD regulations and the Fair Housing Act as enforced in Texas, which of the following is NOT one of the seven design and construction requirements for covered multifamily dwellings?
- → A Texas apartment complex owner is found liable for a Fair Housing Act violation in federal court. Under 42 U.S.C. §3613, what remedies may the court award to the prevailing plaintiff?
- → A Texas commercial building owner converts a warehouse into a mixed-use property with 8 residential loft apartments and a retail space on the ground floor. The building was constructed in 1970 and has no elevator. Under the ADA and the Fair Housing Act, which of the following BEST describes the owner's obligations?
- → A HUD investigation in Texas reveals that an architect designed a 40-unit apartment complex that fails to meet the Fair Housing Act's design and construction requirements. Under HUD enforcement, who may be held liable for the accessibility violations?
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A homeowner in Plano files a fair housing complaint with the Texas Workforce Commission alleging housing discrimination. Under Texas law, within what timeframe must the complaint be filed after the alleged discriminatory act?
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A Texas license holder prepares a property listing and includes photographs that show only white individuals enjoying the neighborhood amenities. A fair housing organization sends a complaint alleging the images suggest a racial preference. Under the Texas Fair Housing Act, could this constitute a violation?