MHCO Article Topics
1. Most of your residents are over 55, so you're allowed to exclude families with
children and market your property as an “adult” community under the senior
housing exemption.
Answer: False. Even if most residents are 55 and older, a community can still face fair housing
What the Law Says
The FHA makes it illegal for housing providers to refuse a reasonable accommodation — a change to rules, policies, or services — when necessary for a person with a disability to use and enjoy a dwelling. Waiving a no-pets policy for a disabled tenant's assistance animal is a standard example of this.
The manager said that she could keep the dog if it was “within the weight limits in the rental agreement” and she paid a $14 monthly pet fee. The tenant replied that she was not aware of any weight limit for pets in the rental agreement. The manager responded, “15 lbs. [The landlord] is pretty strict about that.
This is general legal information, not legal advice. Oregon manufactured home community law is specialized and complex.
That’s because landlords have a duty to provide reasonable accommodations to disabled applicants and tenants, and in many cases an accessible parking space will fit the bill.
Not all fair housing-related decisions are straightforward. Even when staff members make the correct decision, prospects or residents may contest it by filing a discrimination claim.
Answer: This is a typical scenario. You are entitled to ask for verification, and you should unless the need is already apparent. MHCO has forms for the tenant application and landlord agreement (if approved). You should use them!
What Did FHEO-2020-01 Do?
Once that happens, it becomes impossible to predict the outcome, since each case turns on the specific facts and circumstances and the credibility of the parties and witnesses involved.
If a resident with a disability is harassing or otherwise threatening his neighbors, then you may take action, but only after considering the ramifications of fair housing law.