Condo Media - January 2024 - 41

However, the association not only
should but must get involved if there
is any reason to believe a resident is
being harassed on the basis of race,
color, religion, national origin, sexual
orientation, gender, familial status,
or disability. In 2016, the Department
of Housing and Urban Development
(HUD) issued regulations clarifying the
standards for assessing claims involving
allegations of harassment based on a
protected class under the Fair Housing
Act (FHA). Condominium associations
are considered " housing providers "
under the FHA.
Communities are made up of
individuals comprising a wide variety
of races, colors, religious affi liations,
national origins, sexual orientations,
genders, familial statuses, and disabilities.
It goes without saying that boards
and managers must treat all members
equally and make no terms, conditions,
privileges, services, or facilities based
on a protected characteristic. The rules
specify how HUD will evaluate complaints
of quid pro quo ( " this for that " )
harassment and, more importantly for
association purposes, " hostile environment
harassment " under the FHA.
A hostile environment is created when
an individual is subject to treatment
that interferes with or deprives them of
the right to use and enjoy the property
as a result of a protected characteristic.
Allowing such harassment to continue
(e.g., a unit owner being subject to racial
slurs/comments from another unit
owner) creates such a hostile environment
and puts the association at risk
for liability for discrimination.
ASSOCIATION RESPONSIBILITY
AND LIABILITY
Associations can be liable if they know
or have reason to know of discriminatory
behavior and fail to end it. There
is no requirement that the unit owner
contact the association or property
manager about the harassment, only
that the association has knowledge
from which a reasonable person would
conclude that harassment was occurring.
Additionally, the rules provide a
follow-up obligation as well in that if
the association knows or should have
known that the corrective action was
ineff ective, there is a responsibility to
take additional corrective actions within
the association's power. Therefore,
in these types of matters, the association
should follow up in writing with
the unit owner on the receiving end
of the harassment after the corrective
action is taken to ensure that it
was eff ective.
If the complaining unit owner feels
threatened, they should be directed
to make a report to the police both
for safety purposes and to create a
record of alleged harassment for the
association to move forward with enforcement
of the nuisance provisions.
Videos, recordings, police reports, or
the like should be requested to help
substantiate the allegations, but these
are not required, or necessary, for the
association to have an obligation to
take steps to end the harassment.
While sometimes people may
make false allegations of harassment
based on a protected characteristic,
the association must not pre-judge
these claims and must do its due
diligence to investigate any and
all allegations. The steps taken to
address alleged harassment based
on discrimination should be carefully
documented. If an issue with an
owner claiming discrimination is not
resolving, it is best to contact your
attorney who can work with the
local Human Rights Commission
for an appropriate resolution.
The association should always be
proactive in addressing complaints
in their infancy - to best avoid being
a defendant in a formal complaint.
■ MARY-JOY A. HOWES, ESQ.
IS A PARTNER WITH LOMBARDI
LAW GROUP .
Jackson Gore Village at Okemo Mountain Resort, Ludlow VT
Specialists in Multi-Unit Roofing, Siding,
and Full Exterior Envelopes
100 Trade Center, G-700 * Woburn, MA 01801 | 160 Old Lyman Rd * South Hadley, MA 01075 | 728 Barnum Ave * Stratford, CT 06614
WWW.1800NEWROOF.NET * 855.552.6273
CT HIC # 575920 * MAHIC # 191093 * MA CSL # 070626 * RI Reg. # 36301 * ME CHARTER # 20110918F
January 2024 CONDOMEDIA 41
Condo Media - January 2024

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