CAI-NJ June 2017

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.

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