CCS Fair Housing Laws 3 — Questions and Answers
Question 1: A condo association charges a $500 'move-in fee' only to buyers with assistance animals. This practice is:
- Permissible because assistance animals cause more wear and tear
- Illegal discrimination under fair housing and HUD guidance on assistance animals (Correct answer)
- Legal if disclosed in the association's rules and regulations
- Permissible only if the fee is refundable
Correct answer: Illegal discrimination under fair housing and HUD guidance on assistance animals
HUD guidance prohibits charging pet fees, deposits, or surcharges for assistance animals (service animals or emotional support animals), as doing so discriminates against persons with disabilities.
Question 2: Which of the following is NOT a protected class under the federal Fair Housing Act?
- National origin
- Familial status
- Sexual orientation (Correct answer)
- Religion
Correct answer: Sexual orientation
Sexual orientation is not a protected class under the federal Fair Housing Act, though a 2020 Supreme Court ruling and many state/local laws provide such protections elsewhere.
Question 3: A condominium association that advertises exclusively in one language without translation may face a fair housing challenge primarily under which protected class?
- Race
- National origin (Correct answer)
- Familial status
- Sex
Correct answer: National origin
Advertising in only one language can create a disparate impact on persons of certain national origins, implicating national origin protections under the Fair Housing Act.
Question 4: Under the Fair Housing Act, a condominium seller who refuses to sell to a buyer because the buyer is pregnant is violating protections for which class?
- Sex and familial status (Correct answer)
- Disability only
- Age only
- Race and color
Correct answer: Sex and familial status
A pregnant person is protected under both sex discrimination provisions and the familial status provisions of the Fair Housing Act.
Question 5: What is the statute of limitations for filing a fair housing complaint with HUD after an alleged discriminatory act?
- 180 days
- 1 year (Correct answer)
- 2 years
- 5 years
Correct answer: 1 year
Under the Fair Housing Act, a complainant must file with HUD within one year of the alleged discriminatory housing practice.
Question 6: A condominium association's pet weight limit of 25 lbs is challenged by a resident with a disability whose prescribed emotional support animal weighs 60 lbs. The association must:
- Enforce the weight limit strictly for all animals
- Grant a reasonable accommodation and waive the weight limit for the assistance animal (Correct answer)
- Require a second medical opinion before deciding
- Charge a higher fee to accommodate the larger animal
Correct answer: Grant a reasonable accommodation and waive the weight limit for the assistance animal
Associations must provide reasonable accommodations to pet rules for residents with disabilities who require assistance animals, including waiving weight and breed restrictions.
Question 7: The Fair Housing Amendments Act of 1988 added which two protected classes to the original 1968 Act?
- Age and sexual orientation
- Familial status and disability (Correct answer)
- National origin and religion
- Color and sex
Correct answer: Familial status and disability
The 1988 Amendments expanded the Fair Housing Act to include familial status (households with children under 18) and disability as protected classes.
CCS Fair Housing Laws 3
A condo association charges a $500 'move-in fee' only to buyers with assistance animals.
This practice is: