Be Aware Of Potential Disparate Impact Discrimination Claims In Your Association

MAKOWER ABBATE GUERRA VOLLMER: In community association administration, disparate impact claims can arise when a seemingly neutral policy or practice has a disproportionate negative impact on a group protected by fair housing laws. For example, communities occasionally ask us whether they can restrict the number of people that live in a property based on the number of bedrooms. While the intent of such a restriction may be to ensure resident safety or protect against excessive noise, the practical effect, or impact, of such a policy could be to discriminate against families of a certain size. It is illegal under the Federal Fair Housing Act to discriminate on the basis of familial status, which covers individuals under the age of 18 living with parents or other guardians.…READ MORE