January 2025 CT

FAIR HOUSING... from page 18.

ter of the community. For example, an accommodation might not be reason able if it significantly changes how the community operates. Similarly, while the requesting resident is often responsible for covering the cost of a modification, not all requests can or should be approved.

Residents who feel they have been treated unfairly can file Fair Housing complaints. These complaints can be submitted directly to the U.S. Department of Housing and Urban Development (“HUD”), which will pass them along to the appropri ate state agency. In New Jersey, HUD refers cases to the Division on Civil Rights (the “DCR”), part of the Department of Community Affairs (the “DCA”). Of course, if someone has a complaint under NJ LAD (or if they have a complaint under the FHA and would prefer not to go through HUD), their complaints can be filed directly with the DCR. Many complaints involve disputes over reasonable accommodations or the perception that rules are being enforced unfairly. Common challeng es include parking accommodations for residents with mobility impair ments, complaints related to chemical sensitivities or noise disturbances, and requests involving hoarding (which can be considered a disability). For example, a dispute may arise when a resident requests permission to install a fence so a service dog can run freely in the resident’s backyard. Associations that typically prohibit fencing but have made limited exceptions in specific cases may need to carefully evaluate the resident’s alternatives, such as walking the dog or using an invisible, electronic fence. The DCR is likely to review past decisions to ensure consistency in how exceptions have been handled and how well previous decisions have been documented. Ultimately, though, associations must weigh individual requests against community standards.

the other hand, usually involve physical changes to the property. Associations must consider these accommodation requests, but these requests should also be balanced against the charac

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JANUARY 2025