Cary, NC Homeowner Association Settles Housing Discrimination Complaint Alleging Disability Discrimination; Agrees to Provide Accessible Parking Space and Adopt Fair Housing Policy

Legal Aid of North Carolina recently announced it settled a housing discrimination complaint filed against the Glenpark Homeowner Association, and the members of its Board, on behalf of an individual with a disability who uses a wheelchair. 

The complaint, filed with the North Carolina Human Relations Commission, alleged violations of the reasonable accommodation requirements of the federal Fair Housing Act and the North Carolina State Fair Housing Act, specifically the refusal to grant reasonable accommodation to a new parking policy which disallowed this individual the use of an accessible parking space in her community’s common area.

Homeowners’ associations have long been required to comply with the requirements of the federal and state fair housing acts. See 42 U.S.C. 3602(d) (definition of “persons” which includes associations); Gittleman v. Woodhaven Condo Ass’n, 972 F.Supp 894 (D. N.J. 1997).  

Additionally, the federal Fair Housing Act has long recognized the right of a disabled tenant with mobility limitations to access a free, reserved parking space. See Hubbard v. Sampson Mgmt. Co., 994 F.Supp. 187, 193 (S.D.N.Y. 1998); Astralis Condo. Ass’n v. Sec’y, U.S. Dep’t of Hous. & Urb. Dev., 620 F.3d 62, 65 (1st Cir. 2010); Jankowski Lee & Assocs. V. Cisneros, 91 Fed 891, 895 (7^th Cir. 1996). See also Joint Statement of Dep’t of Hous. & Urban Dev. & Dep’t of Justice, Reasonable Accommodations Under the Fair Housing Act, p.6 (May 17, 2004).

“The Fair Housing Project of Legal Aid remains committed to ensuring that people with disabilities are afforded the protections of the Fair Housing Act, including receiving reasonable accommodations from homeowner’s associations so they may have an equal opportunity to use and enjoy their housing,” said A.D. Skaff, Supervising Attorney with the Fair Housing Project. As a result of the conciliation agreement, Respondents agreed to:

• Adopt a person-first reasonable accommodation and modification policy that complies with the requirements of the Fair Housing Act;

• Require fair housing training for board members and property management, with an emphasis on reasonable accommodations and modifications;

• Acknowledge the individual was in compliance with all Glenpark rules;

• Designate an assigned, accessible parking space for the individual, and;

• Provide an overnight parking pass for guests of the individual.

A copy of the conciliation agreement can be found here.