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What is a disability?

Wednesday, November, 16th, 2022 at 8:31 pm by Richard S. Ekimoto, Esq.

The Federal Fair Housing Act and the Americans with Disabilities Act provides protections for people with disabilities. The Fair Housing Act uses the term, “handicap” while the Americans with Disabilities Act uses the term, “disability” but they are defined the same. A person with a disability is someone who: (1) has a physical or mental impairment which substantially limits one or more major life activities (i.e., caring for one’s self, performing manual tasks, walking, seeing, breathing, etc.); (2) has [Read More...]

What is a reasonable modification?

Wednesday, November, 16th, 2022 at 8:24 pm by Richard S. Ekimoto, Esq.

The Federal Fair Housing Act “FHA” provides protections for people with disabilities. In addition to a prohibition against discriminating against someone because they are disabled, the FHA has two affirmative duties for those covered by the Act. One of them is to provide a reasonable accommodation. The other is that a housing provider must permit people with disabilities to make reasonable modifications to their dwelling or the common areas at the disabled person’s expense that are necessary for the disabled person to use [Read More...]

What is a reasonable accommodation?

Wednesday, November, 16th, 2022 at 8:24 pm by Richard S. Ekimoto, Esq.

The Federal Fair Housing Act “FHA” and the Americans with Disabilities Act “ADA” provides protections for people with disabilities. In addition to a prohibition against discriminating against someone because they are disabled, these laws have affirmative duties for those covered by the two Acts. Under the FHA, one of the affirmative duties is to permit reasonable modifications. In addition, a housing provider must make reasonable accommodations to its policies, practices or procedures if it is necessary for a disabled person to use or [Read More...]

What is the Americans with Disabilities Act?

Wednesday, November, 16th, 2022 at 8:22 pm by Richard S. Ekimoto, Esq.

The Americans with Disabilities Act (“ADA”) is a federal law that provides protections to people with disabilities. One part of the ADA provides protections for employees of employers with more than 15 employees. Other parts of the ADA applies to state and local government and transportation systems. Title III of the ADA applies to public accommodations and is usually the section of the ADA that community associations have questions about. Public accommodations under the ADA are: If [Read More...]

What is the Federal Fair Housing Act?

Wednesday, November, 16th, 2022 at 8:20 pm by Richard S. Ekimoto, Esq.

The Federal Fair Housing Act was adopted in 1968 as Title VIII of the Civil Rights Act of 1968. In 1988, Congress expanded the scope of the Federal Fair Housing Act by adopting the Federal Fair Housing Amendments Act of 1988. The Federal Fair Housing Amendments Act established new enforcement procedures and created two new protected classifications. The Federal Fair Housing Act protects individuals from housing discrimination on the basis of race, color, religion, sex, familial status, [Read More...]