The Single Most Common Myth About the Fair Housing Act

Although they address similar concerns for associations, the Fair Housing Act and Americans with Disabilities Act do not share the same disability requirements – as some people falsely believe.

In fact, there are distinct differences when it comes to associations.

The Fair Housing Act – which all associations are subject to – states that an association may not discriminate “against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, familial status or national origin.”

Discrimination includes both a refusal to make reasonable accommodations or allowing reasonable modifications.

Associations must also keep in mind that disabilities aren’t just limited to physical issues. Providing modifications for emotional and mental disabilities is also necessary.

On the other hand, an association is only subject to the ADA when it is a “public accommodation.” If the general public is prohibited from an association’s facilities, then it is not a public accommodation.

To prevent discrimination, associations subject to the ADA must pay the costs for reasonable modifications to its facilities, making them accessible to persons with disabilities. Also, since disabilities aren’t always obvious, an association can request a medical provider verify a disability.