November2017

COMMUNITY ASSOCIATIONS MUST ADDRESS HARASSMENT

WHICH CONSTITUTES HOUSING

By Mary Barret, Esq., Stark & Stark

© iStockphoto.com

T he distress was clear in the unit owner’s voice even though he had difficulty expressing himself. He told the board members that his neighbor was a big prob- lem. He would not complain for himself but his children were afraid to use the pool because of this neighbor and they hesitated even going outside to their car. The man was not easy to understand, English was not his first language, but the board members were familiar with the neighbor he complained about. They all had heard the things he said to this family, even the young children, insulting their religion, the country they emigrated from, and even the way they dressed. After the meeting, the board members discussed the situation with their property manager. This man was right; the neighbor was horrible and his verbal assaults against this family were unrelenting. Still, didn’t he have a right to express those repugnant views? And what could the board do anyway if they did intervene? The board members decided to tell the man they sympathized with him but there was nothing they could do for him.

Many community association property managers and board members may come to same conclusion as these did. After all, board members are volunteer homeowners and have a lot to juggle without trying to solve ethnic and religious intolerance in their communities. Yet the law requires involvement by a community association in situa- tions of harassment that constitute housing discrimination. New Housing Regulations: In October 2016, new regulations related to the Fair Housing Act were implemented by the Department of Housing and Urban Development (“HUD”). The Fair Housing Act is part of the Civil Rights Act of 1968 and is a federal law that, among other things, makes it illegal to discriminate against a person in the provision, use, and enjoyment of housing on the basis of their protected class. Harassment has always been a form of discrimination under the Fair Housing Act. Before the recent regulations were implemented, however, the definitions and standards CONT I NU E S ON PAGE 22

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