ARCHIVED BLOG POSTS
2009
5
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Radon gas is a naturally occurring radioactive gas that is invisible and odorless. It forms from the radioactive decay of small amounts of uranium and thorium naturally present in rocks and soils so some radon exists in all rocks and soils. Because radon is a gas, it can easily move through soi...
03/28/2009
What is a “fundamental alteration” of a housing provider’s operations with regard to Fair Housing Act reasonable accommodation requests? A “fundamental alteration” is a modification that alters the essential nature of a housing provider’s operations. Example: A tenant has a severe mobility impai...
03/28/2009
Are there any instances when a housing provider can deny a request for a reasonable accommodation without violating the Fair Housing Act? Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if ther...
03/28/2009
The duty to accommodate arises only when the housing provider has knowledge that a disability exists and that an accommodation may be required for the disabled person to use and enjoy the housing. Here are key points: The applicant or resident must make a request for an accommodation. The reques...
03/24/2009
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QUESTION: Must a housing provider adopt formal procedures for processing requests for a reasonable accommodation? No. The Fair Housing Act does not require that a housing provider adopt any formal procedures for reasonable accommodation requests. However, having formal procedures may aid indi...
03/24/2009
QUESTION: Does a person with a disability have to have the housing provider’s approval before making a reasonable modification to the dwelling? Yes. A person with a disability must have the housing provider’s approval before making the modification. However, if the person with a disability meet...
03/24/2009
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In addition to discriminatory housing practices (such as refusing to sell or rent a dwelling, falsely denying the availability of a dwelling, and refusing to make a reasonable accommodation for a disabled person), housing discrimination laws prohibit advertising about the sale or rental of a dwe...
03/21/2009
Real estate professionals are hopefully already aware of the federal Fair Housing Act and the various fair housing laws of individual states. Most people are, however, unaware of fair housing-related Presidential Executive Orders. Executive orders are official documents, numbered consecutively...
03/21/2009
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The Fair Housing Act is very broad and applies to wide variety of people. Because the law is worded in a way that prohibits actions by “a person” and then defines “person” very broadly, the law can be applied to many people and entities that engage in all types of housing activities. A few exam...
03/20/2009
Does an apartment complex with a clearly posted "no pets" policy need to allow tenants with service animals? This is a very common question in real estate, and something that every real estate professional should know. This issue arises almost daily in conjunction with condominium rules and reg...
03/20/2009