02/05/2025

Reasonable Accommodation Under the Fair Housing Act: Key Lessons for HOAs from Debity v. Vintage Village HOA

Overview:

The concept of “reasonable accommodation” often arises in HOA settings, particularly when owners request exceptions to rules to accommodate disabilities. While emotional support animals are a common focus, other modifications—such as structural changes—can also invoke the federal Fair Housing Act (FHA). A recent case, Debity v. Vintage Village Homeowners Association, provides critical guidance on how courts evaluate requests for accommodations under the FHA.

The Case Overview

In this case, the Debity family purchased a home in a Tennessee subdivision governed by the Vintage Village HOA. Concerned about their son’s autism, which caused him to wander, they requested permission to install a 6-foot wooden privacy fence. The HOA denied this request but approved a 6-foot wrought iron fence as an alternative. The HOA also offered to defer association assessments to offset any cost difference.

The Debitys argued that the wooden fence was necessary to accommodate their son’s disability, citing safety concerns, including the presence of a nearby drainage pond. They ultimately sued the HOA under the FHA, claiming discrimination and seeking injunctive relief and damages.

What the Court Decided

The court ruled in favor of the HOA, granting summary judgment. Here’s why:

1. Necessity vs. Preference:
   The FHA requires that accommodations be necessary to afford disabled individuals equal enjoyment of a property—not merely preferable. The Debitys failed to demonstrate how the HOA-approved wrought iron fence would not adequately address their safety concerns.
2. Reasonableness of Alternatives:
   The HOA offered a reasonable alternative with the wrought iron fence. Courts typically assess whether alternative solutions effectively meet the disabled person’s needs, even if the preferred accommodation is not granted.
3. No Ongoing Harm:
   After selling their property, the Debitys no longer faced ongoing harm, making declaratory or injunctive relief unavailable.

Key Takeaways for HOAs

1. Understand the FHA’s Requirements

The FHA prohibits HOAs from refusing modifications or accommodations that are necessary to allow disabled residents equal access and enjoyment of their property. Two key elements determine whether an accommodation is required:

• Reasonableness: The request must not impose undue financial or administrative burdens on the HOA.
• Necessity: The modification or accommodation must directly address the individual’s disability-related needs.

2. Offer Reasonable Alternatives

HOAs are not obligated to grant the specific accommodation requested if a reasonable alternative can achieve the same goal. In this case, the court found that the wrought iron fence was a suitable solution.

3. Document the Decision-Making Process

When handling accommodation requests, HOAs should:

• Document all communications with the requesting party.
• Outline the rationale for approving or denying the request.
• Highlight any alternatives offered to meet the applicant’s needs.

4. Consult Legal Counsel

Legal guidance is crucial when navigating FHA-related accommodation requests. Properly addressing these requests minimizes legal risk and promotes equitable treatment for all members.

Final Thoughts

The Debity v. Vintage Village HOA case underscores the importance of balancing accommodation requests with an HOA’s governing rules and the community’s overall well-being. By carefully evaluating necessity and offering reasonable alternatives, HOAs can navigate these complex situations while complying with the FHA.