CAI-NJ July 2018 (w)(1)

EXCEPTIONS... from page 23.

within their communities, other distinct needs of residents and the enforce- ment of the legal rights of those residents often come into play in the same communities. Under the Fair Housing Act, it is unlawful to discriminate in any aspect of the sale, leasing, advertising or

impose more restrictive requirements than those set forth in the FHAA on the occupants or owners of dwellings in 55 or older communities. These requirements are laid out in the community’s governing documents. For example, an age-restricted com- munity may restrict occupancy of dwellings to use by permanent res- idents 55 or older with no children under 19 years of age in permanent residence. B. DISABILITY While the FHAA and HOPA address the needs and desires of older residents as to their housing pref- erences and those that choose to live

“...residents...may have competing needs, perhaps as the result of a handicap.”

financing of dwellings based upon a handicap. 42 U.S.C. § 3604(f)(1). Accordingly, boards and property man- agers are often called upon to weigh the wants and needs of age-restricted residents against the needs of other residents, who may have competing needs, perhaps as the result of a handicap. “Handicap” is defined as “(1) a

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physical or mental impairment which substantially limits one or more of such person’s major life activities, (2) a record of having such an impairment, or (3) being regarded CONT I NU E S ON PAGE 58

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