Unpacking the Fair Housing Act for HOAs & Condos

Fair Housing and Discrimination Webinar

Fair housing compliance touches nearly every decision a board makes, from application screening to animal accommodation requests. We recently hosted an educational webinar featuring legal professional Michael Kassower from Frank, Weinberg & Black, P.L., who shared strategic advice with board members and property managers on avoiding discrimination claims under federal and Florida law.

This knowledge-sharing session explored the full scope of the Fair Housing Act, covering protected classes, reasonable modifications and accommodations, background and credit screening, emotional support and service animals, and the requirements that allow 55-and-older communities to operate lawfully.

Disclaimer: This video is for educational purposes only. You will not receive credits for watching the recording. Credits were issued only to those that attended the course.

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Key Takeaways

• Protected Classes Have Expanded: The Fair Housing Act of 1968 originally covered race, color, religion, sex, and national origin, with familial status and disability added through the 1988 amendments.
• Consistent Criteria Prevent Pretext Claims: Written approval guidelines enforced equally across all applicants help associations defend screening decisions and avoid allegations that a denial masks unlawful discrimination.
• Accommodations and Modifications Differ: An accommodation is an exception to a rule or policy, while a modification is a structural change to the premises; the requesting party generally pays for modifications.
• Assistance Animals Are Not Pets: Emotional support and service animals are exempt from pet fees, weight limits, and breed restrictions, though they remain subject to nuisance and safety standards.

What Does the Fair Housing Act Prohibit?

The Fair Housing Act originated as part of the Civil Rights Act of 1968 and was created to prevent housing discrimination based on race, color, religion, sex, and national origin. In 1988, the Fair Housing Amendments Act broadened those protections to include familial status and handicap, giving the law the seven protected classes recognized today. Florida later adopted its own counterpart, the Florida Fair Housing Act, which is patterned after the federal statute and interpreted consistently with federal case law.

Under both laws, it is unlawful to refuse to sell or rent a dwelling, or to refuse to negotiate for a sale or rental, because a person belongs to a protected class. The prohibition extends beyond the transaction itself to the terms, conditions, and privileges that come with it, meaning residents are entitled to the same benefits and services as any other owner. Refusing to permit a modification that a disabled resident needs for full enjoyment of the premises is also treated as discrimination.

Screening Applicants Without Pretext

Any denial of a sale or lease application deserves a call to association counsel first, because denials are where legal exposure grows quickly. Approval criteria should be clearly established in writing and enforced consistently for every applicant. Inconsistent enforcement invites a claim of pretext, which occurs when an association cites a low credit score or a criminal background as the stated reason for denial while the real motive is discriminatory. Criteria should also be reasonable; a credit score requirement that almost no applicant could meet will not hold up as a legitimate standard.

Criminal history deserves extra caution. HUD has taken the position that denials based on criminal background can create a presumption of race discrimination because of statistical correlations, so associations should focus on offenses that are recent and that pose a genuine threat to persons or property rather than applying blanket exclusions.

"So, an equal enforcement of published guidelines is very, very helpful to avoid potential discrimination claims." - Michael Kassower, Frank, Weinberg & Black, P.L.

Modifications Versus Accommodations

Reasonable Modifications

A reasonable modification is a structural change to existing premises, such as a wheelchair ramp, a lowered entry threshold, grab bars in a common area bathroom, or a pool lift. Associations generally must permit these changes when they are necessary to afford a disabled person full enjoyment of the property, but the requesting party typically bears the cost. In many condominium communities, the association may also require the requesting party to restore the property to its original condition once the equipment is no longer needed.

Reasonable Accommodations

A reasonable accommodation, by contrast, is an exception or adjustment to a rule, policy, practice, or service, such as waiving a pet restriction for an assistance animal, granting a closer parking space, or adjusting trash collection for religious observance. Every request must be evaluated individually on its own facts, and associations should never respond with a flat yes or no. The law expects an interactive dialogue, and endlessly demanding more information until the requester gives up can be treated as a constructive denial carrying the same liability as an outright refusal.

"What I try to remind myself is that the difference is that an accommodation generally does not cost the association money. A modification does." - Michael Kassower, Frank, Weinberg & Black, P.L.

Emotional Support and Service Animals

Assistance animals fall into two categories with different rules. Emotional support animals require no specialized training or certificate; what matters is documentation from a medical provider confirming that the person has a disability, that the disability impairs one or more major life activities, and that the animal's presence will alleviate one or more symptoms. Associations may not request medical records or ask what the disability is. Service animals are trained to perform specific tasks, and while an association may ask whether the animal is required because of a disability and what task it performs, it cannot demand a doctor's letter or certification. More background on handling these requests is available in our earlier assistance animals webinar.

Florida Statute 760.27 now reinforces much of this framework. Housing providers cannot charge extra fees or compensation for an emotional support animal, though they may require compliance with licensing and vaccination requirements and may deny a request if the animal poses a threat to health, safety, or property. Owners also remain fully responsible for any damage their animal causes, and assistance animals are still subject to nuisance standards like every other animal on the property.

"They are not pets. You want to learn this lingo, especially when you're engaging in the interactive dialogue. You don't want to be caught referring to them as a pet. They will use that against you." - Michael Kassower, Frank, Weinberg & Black, P.L.

HOPA and the 80/20 Rule

The Housing for Older Persons Act of 1995 created a narrow exemption from familial status protections that allows qualifying 55-and-older communities to restrict residency by age. To maintain the exemption, at least 80 percent of occupied units must include at least one occupant aged 55 or older. The community must also publish policies demonstrating its intent to serve older residents and comply with HUD occupancy verification rules.

The remaining 20 percent of units carry no age requirement under federal law, although a community's own governing documents can impose a stricter threshold, and those documents control. Florida HOA communities relying on this exemption should verify occupancy on an ongoing basis rather than measuring it once, since falling below the threshold jeopardizes the entire age restriction. Short visits from younger family members, such as grandchildren staying for part of the year, do not disqualify a household from counting toward the 80 percent.

Liability for Resident Disputes

Discrimination exposure does not always come from the association's own decisions. When one resident harasses or discriminates against another, and the association knows about it but fails to act, the association itself can be held liable for allowing a discriminatory environment to persist. This creates a difficult position in he-said-she-said disputes over noise or nuisance complaints, particularly when a disability is involved. Boards have a duty to enforce their governing documents, and documented, evenhanded enforcement is the best protection when these situations arise.

Frequently Asked Questions

When does the ADA apply to a community association?

Nearly every Florida condominium and homeowners association is governed solely by the Fair Housing Act. The Americans with Disabilities Act generally applies only if the community operates as a place of public accommodation or permits transient rentals of 30 days or less.

Does approving one accommodation request set a precedent for future requests?

No, a decision on one request is not determinative of any later request from another owner. Every accommodation must be evaluated on a case-by-case basis through an interactive dialogue with the person making it.

Is a certificate valid proof of a service animal?

No, certificates and registrations purchased online carry no legal weight. An association may instead ask whether the animal is required because of a disability and what work or task the animal has been trained to perform.

Stay informed with Florida Association News (FAN) covering legal developments, educational webinars, and practical guidance for Florida communities.

Ashley Dietz is the VP of Marketing at Campbell Property Management and has led the company’s educational and marketing initiatives since 2013. A Florida Atlantic University graduate with a bachelor’s degree in communications, Ashley specializes in community association education, digital outreach, and industry engagement for Florida HOAs and condominiums.