Discrimination and Disabilities: Fair Housing Laws for Condo and Cooperative Associations

Condo and cooperative associations must follow fair housing laws.

• The Illinois Condominium Act (765 ILCS 605/18.4) says they can accommodate people with disabilities.
• The Illinois law says condos need to follow federal, state, and local rules.

Condo Board and Cooperative Associations: Considering Requests

• Associations need to communicate with both homeowners and renters.
• The interactive process involves working with residents to find solutions.
• Sometimes, only condo owners can talk to the condo board or attend board meetings. Then, the condo association may need to make an exception for tenants. 
• The condo board members need to be unbiased. Even if they are a doctor or an attorney, they should focus only on the information given. More details are requested only if the resident's information is insufficient.

Tenants: Waiting for a Response

• A condo association may take longer to respond because they need to wait for the next board meeting.
• But, if they take too long to make a decision, the delay could be considered a denial.
• Potential solutions: Meet earlier or temporarily allow changes until an official decision.

Example of a Request to a Condominium Board: Chin and an Emotional Support Animal 

• Chin is a person with a disability who has an emotional support animal. She rents a condo in a building that has a “no pets” policy. When she moves in, she lets the association know of her disability and need for the animal. She provides supporting documentation. The association informs Chin that it will evaluate her request at the next meeting, two months later. 
• Solution: The association should meet earlier or allow Chin to have her ESA until evaluation.