Adrianne Todman, Deputy Secretary | https://www.hud.gov/leadership#sec
The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Consejo de Titulares del Condominio Italia 2027, the homeowners association for a condominium in San Juan, Puerto Rico, with violating the Fair Housing Act. The charge alleges that the association revoked its approval and refused to allow an owner with a disability to power her self-installed elevator with an external generator.
The Fair Housing Act prohibits discrimination based on disability, including refusing reasonable accommodations or modifications that would enable homeowners with disabilities to use and enjoy their housing equally. Reasonable accommodation may include waiving policies that prevent full use of a home, while reasonable modification might involve structural changes at the homeowner's expense.
“Failure to permit an individual with disabilities reasonable accommodation and reasonable modification when such accommodation or modification is necessary is a failure to provide housing,” said Demetria L. McCain, HUD Principal Assistant Deputy Secretary for Fair Housing and Equal Opportunity. “HUD is committed to protecting the rights of individuals with disabilities by enforcing the Act.”
"It is the right of all residents to seek reasonable modifications as necessary to allow them full access to their home," added HUD's General Counsel Damon Smith. "HUD is committed to ensuring that homeowners like the complainant in this case have the accessibility features they need to fully enjoy their home."
According to HUD’s Charge of Discrimination, Condominium Italia 2027 Council of Owners revoked its prior approval for a modification allowing an elevator within a multi-story unit and denied using an external generator during power outages due to noise policy concerns. As a result, the owner was forced to leave her home because she could not move about her three-story unit without the elevator.
A United States Administrative Law Judge will hear HUD’s charge unless any party elects for federal district court proceedings. If found guilty after a hearing, damages may be awarded for losses from discrimination. The judge may also order injunctive relief and payment of attorney fees and impose civil penalties. In federal court, punitive damages may also be awarded.
Individuals who believe they are victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or 800-927-9275 (TTY), or reach out to the Department of Justice at (800) 896-7743 or 202-514-4713. More information is available at www.hud.gov/fairhousing.
