CAI-NJ June 2017

26 / 80

26 J U N E , 2 0 1 7
888-404-4321
Insurance Reconstruction Experts
Returning families to their homes since 1985
Servicing:
New Jersey • New York
Pennsylvania • Connecticut
er, expressly requires boards to – in cer-
tain circumstances – give some person
special treatment, which is a concept
antithetical to a board’s normal function.
5. The Americans with Disabilities
Act (“ADA”) is of little significance to
the day-to-day residency issues of the
disabled.
The ADA’s focus – generally – is
employment and public accommoda-
tions. The FHA’s focus, in contrast, is the
manner by in which a disabled person
can live in a private community.
6. It is hard to conceive of a circum-
stance when a community cannot
reasonably accommodate a blind
resident with a seeing eye dog or a
deaf resident with a hearing dog.
Such a resident’s disability is pal-
pable, so there cannot be a dispute
as to the existence of a disability.
Further, such a person will so clearly
be unable to use the physical aspects
of the dwelling, in a fashion equal to
disabled residents, without the dog.
7. An association cannot request
proof of disability from a resident
whose disability is self-evident.
Generally speaking, it will be the resi-
dent claiming a mental impairment from
who proof of disability will be needed.
8. A longstanding covenant, con-
tained in the association’s original
sponsor/developer’s declaration,
master deed and/or bylaws enjoys
no special protection from the FHA.
The FHA supersedes any covenant
or portion of an association’s govern-
ing documents vis a vis the classes of
persons included in it.
12 GENERAL RULES...
from page 24.
CONT I NU E S ON PAGE 28
To Advertise Call 609-655-2000 or
email