Disability Discrimination Case Highlights Issue of Reasonable Accommodation in Age Restricted Developments
The U.S. Department of Housing and Urban Development (HUD) recently announced that the owners of an age restricted manufactured housing park in Rochester will pay $15,000 under a consent order resolving allegations of disability discrimination in housing.
HUD issued a charge of discrimination after determining that the owners and operators of the park failed to make a reasonable accommodation to the 55-or-older age requirement that would have enabled a prospective homebuyer’s son, a person with severe disabilities, to live with her at the property. The Initial Decision and Consent Order also requires the owners to attend fair housing training and revise the manufactured housing park’s 55-and-older housing community and reasonable accommodation policies.
This case draws attention to the fact that renters and buyers living with persons with disabilities are allowed to request reasonable accommodations to allow housing access in certain situations, even if that housing unit or community is age restricted. Under state and federal fair housing laws, home sellers and landlords cannot discriminate against a buyer or tenant because of race, color, national origin, religion, sex, familial status, disability, age, marital status, sexual orientation, or gender identity.
Age Restricted Housing
The Rochester case began when a mother wanted to buy a manufactured home within the West Wind Estates II park. She planned to live there with her adult son, a person with severe disabilities. Although the park is considered a 55+ community and limits the number of residents under the age of 55, the woman, who is her son’s primary caretaker, requested an exception be made for her son.
The woman alleged that the owners and operators of the park refused her request to make an exception to the park’s age restrictions. As a result, the woman did not purchase a home in the park. She filed a complaint, which brought the issue to the attention of HUD. HUD then filed a charge of discrimination on behalf of the mother and her son on July 22, 2021. HUD’s charge of discrimination found that “the owners denied a prospective homebuyer the opportunity to purchase a home at the park by refusing to make a reasonable accommodation from their age restrictions to permit the homebuyer’s son, who is a person with severe disabilities that require special care, to live with his mother at the property.”
Age restricted housing seeks to provide options for older people to live. The Fair Housing Act exempts three types of housing for older persons from prohibitions on familial status discrimination, and the 55-or-older exemption is the most common. Under the Housing for Older Persons Act of 1995 (HOPA), age-restricted communities must be able to show that at least 80% of the occupied units include one resident age 55 or older. In addition, the community must demonstrate intent, through published policies and procedures, to provide housing for people aged 55 or older. Finally, the community must comply with HUD regulations regarding age verification of residents. These communities can have some flexibility when allowing people under age 55 to live there, but advertising and marketing may not be inconsistent with the intent of providing housing for older persons.
Reasonable Accommodations Under the Fair Housing Act
This case is an example of how persons with disabilities can seek accommodations in policies to obtain access to housing where the policies seem contradictory to the accommodation requested.
HUD found that because the owners and operators refused to make the accommodation, it resulted in making the home unavailable to the buyer and therefore was denying access to housing to a person with disabilities. Although age-restricted housing developments are exempt in some cases under the Fair Housing Act, these policies are subject to fair housing provisions that require owners, operators, and landlords to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be needed to ensure a person with a disability an equal opportunity to use and enjoy a dwelling.
The Order was signed in August 2021 and, in addition to paying damages to the homebuyer and her son, requires the operators attend fair housing training, conducted by a qualified fair housing enforcement agency. This training covers the owners’ responsibility to make reasonable accommodations when required to afford a person with a disability an equal opportunity to use and enjoy a dwelling. It also requires the owners and operators put in place a reasonable accommodation policy and a revised 55-plus residency policy that will be provided to all homeowners and renters within the mobile home park, as well as any prospective tenant or homebuyer.
If you have questions about the Fair Housing Act or reasonable accommodations, the New Hampshire Legal Assistance Fair Housing Project can answer them. Contact us today at 1-800-921-1115.