CAI-NJ July 2018 (w)(1)

EXCEPTIONS... from page 24.

These requirements apply similarly to all communities, whether they are age-restricted or otherwise. Resulting Implications for Age-Restricted Communities While age-restricted communities can lawfully refuse to sell or rent to individuals who do not satisfy an applicable age requirement, exemptions, including the 55 or older exemption, do not protect age-re- stricted communities from liability for housing discrimination on the basis of disability or any of the other protected classes. HOPA sets forth required exceptions addressing circumstances where a resident who is 55 or older is associ- ated with a disabled adult. Often, the need for exceptions does not create any issue since “only” one resident

as having such an impairment.” 42 U.S.C. § 3602(h). Clearly, this is a broad definition and sometimes diffi- cult to apply definitively to a situation, but, nonetheless, demanding of the attention and correct interpretation of community association directors and professionals. Discrimination on the basis of hand- icap includes refusal to permit a dis- abled individual to modify the premises in order to fully enjoy the premises, at his or her own expense, as well as “refusal to make reasonable accommo- dations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” 42 U.S.C. § 3604(f)(3)(B).

“...the community would be required to make an exception to their minimum age policies for that disabled adult.”

© iStockphoto.com

of a home needs to be 55 or older, or “only” eighty percent of the homes are required to satisfy the age restric- tion requirements, with the remaining twenty percent allowed to be occu- pied by residents under the age of 55. Therefore, the occupancy of a home that satisfies the age restriction essentially has no impact on the com- pliance of that home with the HOPA requirements. However, if the age restriction for the community requires all residents of a home to be age 55 or older, and a resident who is 55 or older meets the age requirement for a community but that person is the legal guardian of a disabled adult who does not meet the age requirement, the community would be required to make an excep- tion to their minimum age policies for that disabled adult. Such exception would be the “reasonable accommo- dation” under the Fair Housing Act. Allowing an underage individual who is disabled to occupy a home CONT I NU E S ON PAGE 60

58

J U L Y , 2 0 1 8