Members

HUD filed suit on behalf of the complainant, Gerritt Schaffer, alleging that the defendants violated the Fair Housing Act by making housing unavailable and discriminating against him based on his disability relating to the rental and purchase of a condominium unit. The defendants in this matter included the condominium association, property manager, property management company, the sellers of the unit, the seller’s real estate agent and her brokerage. Mr. Schaffer had entered into a purchase agreement for the unit which allowed for early occupancy. Mr. Schaffer requested a temporary wheelchair ramp, an accessible parking spot and a modification for the toilet in his unit – all of which were denied. The Complaint describes several discussions between the defendants meant to discourage Mr. Schaffer from purchasing the property.

A consent decree was entered between the parties whereby the defendants were required to complete mandatory training, adopt reasonable accommodations and reasonable modifications policy, and advise all unit owners that any requests for reasonable modifications/accommodations should be directed to the resident manager. They were required to notify HUD about any future complaints of housing discrimination. The defendants were also ordered to pay Mr. Schaffer $112,500.

Takeaways:

• All requests for reasonable accommodations or modifications should be addressed promptly and if denying any request for the same, legal counsel should be consulted.
• The defendants in this matter each incorrectly interpreted what they thought was the law concerning accommodations and building code matters.