New guidance released this week by the Departments of Housing and Urban Development (HUD) and Justice (DOJ) reinforced the right of persons with disabilities to make “reasonable modifications” to their dwellings if a structural change to their dwelling or to a common area of the building or complex in which they live is needed so that they can fully enjoy the premises.
The guidance is designed to help housing providers and homeowners’ associations better understand their obligations and help persons with disabilities better understand their rights regarding the “reasonable
modifications” provision of the federal Fair Housing Act (FHA).
Can Associations Ban Religious Symbols and/or Flags From Their Association?
The Supreme Court of New Jersey addressed this situation in A Committee For A Better Twin Rivers, v. Twin Rivers Homeowners’ Association. In the Supreme Court’s decision, authored by Justice John E. Wallace, Jr., the Court determined that even in light of New Jersey’s broad interpretation of its constitutional free speech provisions, the “nature, purposes, and primary use of Twin River’s property was for private purposes and did not favor a finding that the Association’s rules and regulations violated plaintiffs’ constitutional rights.” The Court found that “plaintiffs’ expressional activities were not unreasonably restricted” by the Association’s rules and regulations. Finally, the Court held that “the minor restrictions on plaintiffs’ expressional activities were not unreasonable or oppressive, and the Association was not acting as a municipality.”
The Twin Rivers Court found that “the Association permits expressional activities to take place on plaintiffs’ property but with some minor restrictions”. The Association must