ada/fha - some practical considerations for manufactured
TRANSCRIPT
ADA/FHA - Some Practical Considerations for Manufactured Home Communities
Seminar Presented to:
MHI
May 3, 2017
By:
John H. Pentecost &
David D. Eastman & Jody B. Gabel
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FHA & ADA
A Short Primer
• What impact on Manufactured Housing Communities?
• What is the difference between FHA & ADA?
• What are the concerns?
• Are there state law parallels?
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Federal Fair Housing Laws
Goal is to provide equal opportunity for all persons to obtain and enjoy
housing of their choice.
Applies to all housing owners and operators
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American with Disabilities Act (ADA) Federal
Goal is to provide equal access to
goods and services and enable handicapped persons to participate in
the tasks of everyday living.
Applies to owners and those leasing “public accommodations” including transient housing and transient RV
sites, but NOT privately-owned single family residences.
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Federal Fair Housing Laws
Applies to common community areas
Applies to business areas that resident or potential resident will use, but not employee-only areas
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American with Disabilities Act (ADA) Federal
May apply to common community areas if there are transient rentals. May apply to common community areas if areas are used or accessed
by non residents.
Applies to all areas where the public is invited or that may potentially be used by the public or customers, but
not employee-only areas. 6
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Federal Fair Housing Laws
New Construction/Alteration Issues To Common areas at owners expense; To resident dwelling unit at expense of individual homeowner. Common area changes – Resident may invoke request for reasonable accommodation Residential dwelling – If prohibited by community rules, resident may invoke request for reasonable accommodation 7
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American with Disabilities Act (ADA) Federal
Modification Issues
At owner expense – issue is what is “readily achievable” – looks at the “accommodation” requested and the total resources of organization including all related companies. Additional standards may be invoked if alter structure in way that affects its usability, then may have ADA alteration standards - cost is not usually a factor.
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Federal Fair Housing Laws
New multi-family unit buildings must comply to HUD accessibility standards, new single family homes do not. Thus, rare application to Mobilehome Community.
May require other accommodations, provision of special parking area
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American with Disabilities Act (ADA) Federal
New buildings must comply with accessibility standards of 2010 required by Department of Justice regulations and any applicable state law building code.
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Federal Fair Housing Laws
Violation of FHA laws is discrimination against the affected person; may also have violation if related to associates of resident or a resident is regarded as handicapped.
Implemented and enforced by HUD and any State Commission and/or local governmental agency. New HUD memo of April 4, 2016 re: Criminal background checks 11
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American with Disabilities Act (ADA) Federal
Violation is to the public in general but enforcement may be by any affected person.
Implemented and enforced by U.S. Department of Justice.
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ADA: Why So Many Problems?
• Civil Rights Law
• Private “aggrieved” party can institute
enforcement proceeding
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ADA Remedies
• Enforcement Mechanism
• ADA provides for Injunctive Relief
• Penalties and attorney fees? • Not nationally, but based on state law
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How Can You Avoid ADA Claims?
• Compliance = no claims
• Is it feasible?
• Can expert inspection help?
• E.g., Consider retaining a Certified
Access Specialist (CASp)
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Things to Watch Out For: • Top “Claims” of ADA Violations for MHC’s:
1. Parking Spaces
• No accessible parking - Existing parking space(s) are not compliant.
2. Passenger Loading Zones
• Passenger loading zones/van access aisles are not compliant.
3. Number of Spaces
• Parking lot does not contain minimum number of accessible parking spaces.
4. Ground Surfaces
• Routes to and from parking lot are not accessible.
5. Signage
• Signage in parking lot is not compliant. E.g., parking spaces need to be designated as reserved by a sign showing the symbol of accessibility.
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Things to Watch Out For: • Top “Claims” of ADA Violations for MHC’s:
6. Accessible Path of Travel:
• Must have an accessible path from accessibility parking to office
7. Grab Bars
• Grab bars in public access bathroom are non-existent, or existing grab bars are not compliant.
8. Entry Doors
• Entry doors are not accessible.
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Things to Watch Out For:
• Accessible Path of Travel
• Trace footsteps from parking for facilities to restrooms, etc.
• Accessibility issues along path of travel
• Path width
• Obstructions
• Doors
• Rain Mats
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FACTS:
Ms. Smith is an existing resident and owns 2 pets. She likes to walk her dogs in the park but allows them to urinate and “poop” on other residents’ sites.
Residents are complaining. Ms. Smith has told the park management that she has a right to walk her dogs and that one is her emotional support dog. The park rules have a weight and size limitation but Ms. Smith did not obtain “approval” for her dogs. One of the dogs may be a Pit Bull, which is expressly prohibited by the rules.
Case Study #1 (See handout)
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Questions:
1. What can/should the park manager do?
2. What if one of the dogs is a service dog and Ms. Smith brings the dog in the clubhouse and Park Office? The service dog has fleas. What can/should the park manager do?
3. What if one of the dogs is a companion dog? Does this change the outcome?
Case Study #1 (continued)
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FACTS:
Mr. Jones is applying to become a resident at your mobile home park. He is an elderly man and needs a caregiver and an emotional support animal (dog).
Mr. Brown is in the same situation, looking to become a resident at your park, and with a caregiver but he claims that his dog is a service dog.
Your park only has 1 spot available for the time that Mr. Jones and Mr. Brown are looking to move in.
As a park manager you are unsure of what your rights are and do not want to deny residency to either of the elderly men but you know that you have to say no to one.
Case Study #2 (See handout)
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Questions:
1. What can/should the park manager do? Why?
2. What is the difference between a service dog and an emotional support animal?
3. Can a landlord be required to modify a "no pets" policy for an emotional support animal?
4. Can you be denied a rental because you need a service dog?
5. What rights does a service dog owner have in housing?
Case Study #2 (continued)
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Service Animals
• FHA – Service Animals and Emotional Support Animals
• ADA – Service Animals
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Service Animals
• Requirements for Disabled Person – HUD or FHA
• A physical or mental impairment that substantially limits one or more major life activity.
• Includes people who have a record of such an impairment, and
• People who do not have a disability but are regarded as having disability.
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Service Animals
• Reasonable Accommodation
• Home Owner Must Make a Request
• Homeowner Must be Disabled
• Accommodation must be necessary to accommodate that
disability.
• Must be a Reasonable accommodation.
• Burden Shift to Community Owner
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Service Animals
• Florida law - A second-degree misdemeanor to misrepresent yourself as disabled in order to bring your animal into a public facility or business. Punishment is a $500 fine, up to 60 days in jail and 30 hours of community service for an organization that serves people with real disabilities.
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Service Animals
• Pet Regulations
• Registration of Service Animals
• Where Can They Go?
• Swimming Pool
• Homeowners Association Meetings
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Service Animals
• Testing Organizations
• Remedies for Disabled Persons
• State Law and Federal Law
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Service Animals
• California cases and statutes
• Florida cases and statutes
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Service Animals
HYPOTHETICAL: A tenant in a community acquired a pit bull that is very aggressive to anyone who comes near him. The dog chased a golf cart in the community when the dog was off lead. The person on the golf cart had a dog with him who jumped off the golf cart and was injured by the pit bull. The park initiated eviction proceedings against the man for the dangerous animal, violating the rules and because it is a pit bull. The tenant is obese and asserts that he is disabled and needs the dog to assist him in getting out of bed and from a sitting position. He is requesting a reasonable accommodation for the dog due to his disability. ISSUES? 30
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Care Takers
• Reasonable Accommodation
• Aging in Place
• Family Members
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Care Takers
• Tenant Rights – When Do They Leave
• Abuse of Elderly
• The Arrival of Children
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John H. Pentecost
Phone: 714-619-7081 Email: [email protected]
David D. Eastman
Email: [email protected] Phone: 850-520-0890
Jody B. Gabel
Email: [email protected] Phone: 941-951-1800
Thank you!
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