It took 20 years after passage of the Fair Housing Act to add disability to the list of classes protected from housing discrimination. And September 13 is the day to celebrate the Fair Housing Amendments Act of 1988.
When employed as an Advocacy Specialist for a Center for Independent Living, I often relied on the Fair Housing Act to confront the discriminatory practices of homeowner associations (HOAs) against residents with disabilities. A common grievance was the HOA’s refusal to make reasonable policy exceptions. Many of these residents lived peacefully in their communities for years until new HOA rules were enacted and enforced.
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Here are some examples below:
- Mike took his service dog, Hannah, off-leash for her daily exercise run. Management objected to his violation of the HOA off-leash rule and posted a No Pet sign where Hannah exercised. Mike is an amputee, has epilepsy, and uses a power wheelchair for mobility. Hannah is not a pet and is individually trained to fetch what Mike drops and to run for help should he fall or have a seizure. Hannah is obedient to 30 voice commands and doesn’t need a leash to stay close to Mike. After I exchanged letters with the HOA attorney, the HOA reluctantly made an exception and allowed Hannah to run off-leash.
- Shirley had parking violation notices placed on her SUV parked close to her building. Her mobility impairment made it impossible for her to walk to the distant newly designated area for SUVs. Despite having a disabled parking permit for her SUV, the HOA was threatening to tow, boot it, or impose a daily fine. My letter on Shirley’s behalf persuaded management that federal law trumps HOA parking rules.
- Margaret’s HOA directed her to move the pavers off her lawn to maintain the uniform appearance in front of the parking spaces. Margaret needed the pavers to provide a solid walking surface as a shortcut to her vehicle; she couldn’t walk the long way around on the sidewalk. The HOA manager’s bravado disintegrated when I met him in person and he approved Margaret’s paver accommodation.
- Joyce parked her battery-powered scooter on the walkway outside her unit when charging it with a cord through her window. Her neighbor complained about the obstruction to the path of travel. I proposed two alternatives: (1) install an electrical outlet under the stairwell so the scooter could be charged without blocking the walkway; or (2) widen the sidewalk in front of Joyce’s unit to allow a three-foot clear path of travel.
None of the above accommodations cost the HOA any money, unlike Marilyn’s case. Marilyn was able to use the security key to unlock the front door of her apartment building, but she ambulated so slowly with her walker that the lock clicked closed before she reached the door. Besides, even if Marilyn reached the door before it locked, the door was too heavy for her to pull open. The HOA was persuaded to purchase and install an electronic door opener.
For more information, go to “A Guide to Disability Rights Laws: Fair Housing Act.” U.S. Department of Justice, Civil Rights Division, Disability Rights Section. February 2020. https://www.ada.gov/cguide.htm#anchor63409
This post is a condensed excerpt from chapter 17—Advocate for Independent Living, pages 169-171—in “Always an Advocate” releasing in October 2021. See book updates at my website, https://angelamuirvanetten.com/always-an-advocate/.
3 replies on “Fair Housing Disability Anniversary”
Angela, after reading your latest book, and these examples you’ve cited, I’ve become more aware, and prayerfully, more considerate of the challenges others face. God bless you for your advocacy.
Thank you Stephanie. Many prayers are needed to knock down both physical and attitudinal barriers towards people with disabilities.
Thank you for your comment Barbara. You are right that there is not enough accessible and affordable housing for people with disabilities. Keep up the good work you’re doing to inform people of the issues. But never give up because of how hard the task is. Hope you get the opportunity to read “Always an Advocate” so that you can be encouraged by examples of making the impossible happen and see how it was done.