Since the adoption of the Fair Housing
Amendments Act of 1988 (often referred to as "H.R. 1158"), we have advised park owners and managers regarding
legal compliance and have also assisted park owners and managers in defending housing discrimination complaints.
Assuring that your park complies with the law and/or would successfully defend a housing discrimination complaint
is a continuous process which is intertwined with our full service approach.
Park owners and managers should focus on three areas:
(1) Does H.R. 1158 apply to my park (i.e., should I be concerned about legal compliance)?
(2) How do I avoid a housing discrimination complaint (i.e., assuring your park complies)?
(3) How can my park successfully defend a housing discrimination complaint (without spending a small fortune in
attorneys fees in the process)?
All parks should be concerned with avoiding housing discrimination complaints based upon age or "familial"
status, not just senior parks. Your park's strategy in this area should include:
(a) Current rules and regulations (important for both all-age and senior parks).
(b) Amending park rules which may be discriminatory based on age (i.e., carefully review any rule which restricts
children's use of park facilities).
(c) Implementing procedures for on-site manager to follow with tenant applications.
(d) Ensuring services and facilities "provided by the park" which are "specifically designed"
to meet the needs of older persons.
(e) Verifying age of all tenants, especially new move-ins.
(f) Applying age restrictions consistently.
If a housing discrimination complaint is filed, we normally recommend a strategy designed to conclude the matter
as quickly as possible. Compliance with the law is evaluated based upon similar factual situations. If there is
potential liability, a conciliation agreement may be considered. Otherwise, an administrative proceeding rather
than a civil lawsuit in Federal Court is typically recommended.
Gregory
Beam 
