Disability & Fair Housing

Community associations are required to comply with federal Fair Housing Regulations and the California Department of Employment and Housing regulations.  In addition, some municipalities have additional restrictions that apply to community associations, such as San Francisco, San Jose and Santa Clara.  

SwedelsonGottlieb provides board member training to educate board members of the liabilities associated with these regulations, to promote equality in housing, and protect clients from becoming involved in legal disputes or agency investigations from violations of these laws.  

In addition, the firm's expert attorneys advise clients on reasonable accommodation requests, procedures and policymaking, review of governing documents and rules for compliance with these regulations, addressing member disputes and nuisances, harassment, discrimination, bullying, assumption of duties under American with Disabilities Act, third party liability, assistance animals, and best practices in all matters that fall under this topic.

Discriminatory Language

California Civil Code Section 4225 and Government Code Section 12955(l) require an association to remove any discriminatory language from the community association's governing documents. Although required, it is not enough to put a cover page on the documents that say any such provision is invalid or void. California community associations should all review their documents for discriminatory provisions. There is a detailed procedure for adopting such amendments provided in Government Code Section 12956.2.