Court Rules that Association’s 55-Plus Age Restriction Violates the Fair Housing Act

Since its beginning in 1953, the Ryderwood community in Cowlitz County, Washington was intended to be used and enjoyed primarily by persons who receive a pension or retirement annuity. Each home’s deed limited ownership based on that purpose. The Ryderwood homeowners’ association later amended its bylaws to require that anyone owning, purchasing, or occupying a home there must be at least 55 years old, except for a spouse of someone over 55 years old. However, several homeowners recently sued the association to allow them to market their homes to persons of all ages, and in August a federal judge ruled in their favor. This decision is now being appealed by the association as an intense struggle over the future character of this community continues to unfold.

The federal Fair Housing Act (“FHA”) prohibits condominium and homeowners associations from discriminating against families with children. The key issue in the Ryderwood case was whether the association qualified for the Housing for Older Persons Act (“HOPA”) exception to the FHA prohibition. The judge decided that it did not. In order to qualify for the HOPA exception, an association must meet the following requirements:

1. The community must be intended and operated for occupancy by persons 55 years and older;

2. 80% of occupied units must have at least one person who is 55+;

3. The community must consistently publish and adhere to policies and procedures that demonstrate the above intent; and

4. The community must comply with federal regulations for verification of the above requirements, such as submitting surveys, affidavits, written policies and advertising examples.

If an association wants to convert into a 55-plus community, it must first achieve the 80% requirement without discriminating against families with children. If you are on the board of a 55-plus community or want to convert your community into one, an experienced community association attorney can help you understand and comply with FHA requirements and the HOPA exception.

Free Fair Housing Training Available for Seattle Area Condominium Associations

Fair housing laws require Washington condominium and homeowners associations to discuss requests for disability accommodations with owners and to make reasonable accommodations once disabilities have been established. If an association fails to do so, a disabled owner can file charges of discrimination against the association and its board members. It is therefore important for boards to be familiar with their legal obligations in this area.

The King County Office of Civil Rights offers six free three-hour training sessions to educate condominium associations about fair housing laws each year. The next two dates that the county will present its fair housing basics workshop and advanced seminar are October 27 and December 8. These training sessions take place at the Jackson Federal Building, which is located at 915 Second Avenue in Seattle. Preregistration is required, and this can be accomplished by calling (206) 296-7592. The Office's webpage is a useful source of information about fair housing and related topics.

A major benefit of learning more about fair housing issues is a greater sense of caution given the risks involved. Community association boards should strongly consider consulting with an attorney before denying an owner's request for a disability accommodation.

Fair Housing Act Requires Boards to Accommodate Disabled Residents

The Fair Housing Act requires condominium and homeowners associations to make reasonable accommodations for persons with disabilities to allow them to use and enjoy their homes. Any necessary modifications to the property should be performed at the disabled person’s expense. If an association refuses to make a reasonable accommodation, federal agencies can get involved to enforce the law and levy penalties.

In August, the U.S. Justice Department announced a $35,000 settlement with the Valley View Apartments in Longview, Washington. A handicapped tenant had asked to use two adjacent parking spaces until a handicapped-accessible space became available. The association refused to grant this request and began eviction proceedings. This proved to be a very expensive course of action when the tenant fought back with a complaint alleging discrimination against disabled persons in violation the Fair Housing Act.

In September, an administrative law judge ordered the Astralis Condominium Association in Carolina, Puerto Rico to provide accessible parking spaces to two disabled residents and pay $25,000. The judge determined that the association violated the Fair Housing Act by denying the residents’ request to use available handicapped-accessible parking spaces near their unit. The judge also concluded that the association harassed the residents by placing stickers on their car windows and filing a lawsuit to prevent them from using the handicapped parking spaces.

Responding to fair housing complaints can be expensive and stressful even when no misconduct has taken place. Boards should work with disabled residents when those individuals seek to modify the property to suit their needs, and boards should preserve written evidence of their efforts to do so. It may be possible for a board to identify alternative solutions that are less disruptive to the other owners than the original proposal.