September 2009 Coach's Quiz

We have given you six rules on complying with fair housing law in the management of your common areas and amenities. Now let's look at how the rules might apply in the real world. Take the COACH's QUIZ to see what you have learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, (1)b, (2)a, and so on.

And this month, there's an extra credit assignment: Judge for Yourself, a description of an actual court case. Test yourself on whether you think the community should be held liable, and then check the summary of the court's ruling to see how much you have learned. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

Your community, which was built in 1999, was built on hilly terrain, so there is a long and steep stairway to the building entrance. The FHA requires you to provide an accessible route to the building. True or false?

1. True.

2. False.

QUESTION #2

A resident tells you that she has become disabled and can no longer climb the few steps to the building entrance. She wants you to install a ramp so she can have easier access to her building. Do you have to grant her request?

1. Yes, because you have to grant a request for a reasonable accommodation for a person with a disability.

2. No, because residents are not allowed to modify anything outside their units.

3. No, but you may have to allow her to install the ramp at her own expense.

QUESTION #3

Your community just finished an extensive landscaping project to reseed lawns, install water features, and replace plantings. To protect your investment, you may adopt a rule prohibiting children from playing outside without violating fair housing law. True or false?

1. True.

2. False.

EXTRA CREDIT: JUDGE FOR YOURSELF

A large community—consisting of several hundred units had a rule forbidding residents and guests from using the grounds surrounding the units “as a place to congregate or allow children to play.” The community said that enforcement of the rule promoted safety, avoided property damage, and ensured residents quiet enjoyment of the property.

Two families, former residents, sued the community for violating the FHA by making and enforcing the rule against children playing near the buildings, by refusing to renew the leases of residents whose children violated that rule, and by “creating a hostile living environment for families with children.” According to the families, the community disproportionately enforced the rule against families with children and that adults who congregated near the units were rarely cited for violations.

The community denied enforcing the rule only against families with children by showing that several households of adults received the lease violation notices for violating the rule—one for playing football and another for allowing party guests outside to use foul language. The community also presented evidence of complaints received from other residents that the children were playing soccer in the yard, playing in the street, running between cars in the parking lot, riding their bikes on the newly seeded lawn, skateboarding on the sidewalk and between cars, and yelling loud enough to drown out a resident's television.

The community asked the court to dismiss the case.

How would you decide?