Written by attorney Robert Leon Tankel

Sale and Rental Restrictions in Your Condo or HOA; Don't Violate The Fair Housing Act!

Many Condo and Homeowner Associations want to introduce barriers to occupancy and ownership through interviews, applications for transfer approvals and similar restrictions. Recent case law has made some restrictions potentially problematic because the may have a disparate impact. Disparate Impact is a legal doctrine under the Fair Housing Act which states that a policy may be considered discriminatory if it has a disproportionate “adverse impact” against any group based on race, national origin, color, religion, sex, familial status, or disability when there is no legitimate, non-discriminatory reason to do so.

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