FAIR HOUSING or UNFAIR HOUSING?

That Fair Housing laws overrule homeowners’ association rules?  Many homeowners’ associations (HOAs) have rules and regulations that all community residents must abide by.  However, even a validly enacted, substantively sound covenant can be unenforceable if it discriminates against members of a protected class.  Washington added marital status as a protected class in 1973; marital status is defined as the legal status of being married, single, separated, divorced or widowed.  A landlord who denies tenancy to unrelated singles because HOAs rules allow only single families could be fines by the Washington State Human Rights Commission, even if just following the rules.

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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.