Friday, October 15, 2010

Dog Issue at Island Towers

Dear Owner/Resident

As some of you may be aware, the Association has received a request from one of our residents to keep a dog in her unit as a “reasonable accommodation” under the Fair Housing Act.

Under the Fair Housing Act (42 U.S.C.§§3601-3619) If a unit occupant desires an accommodation based upon an asserted disability, it is incumbent upon the occupant to establish the following:

1. That he or she is disabled (also referred to as “handicapped” by the Act);

2. That there is a relationship between the disability and the proposed accommodation; and

3. That the Association must provide the accommodation requested to afford the occupant an equal opportunity to use and enjoy their unit or the common elements.

The term “handicapped” is defined as “a physical or mental impairment which substantially limits one or more of such person’s major life activities…” Additionally, the requested accommodation must be reasonable. If an owner or resident is able to establish credible facts supporting each of the foregoing requirements, the Association should make the accommodation.

With regard to the current request, the Board has consulted legal counsel who will assist with reviewing the information provided from the resident to determine if the accommodation should be granted under the Fair Housing Act. The Board of Directors appreciates your understanding regarding this important matter, and specifically requests that you continue to treat this resident with courtesy and respect, and refrain from making any disparaging comments.

If you have any additional questions regarding the Fair Housing Act, you may wish to visit the Florida Commission on Human Relations website at http://fchr.state.fl.us/.

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