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Fair Housing Act - Reasonable Accommodation

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Location: California

I live in an HOA and my child has Autism Spectrum Disorder. My child receives medically necessary in-home therapy about five times per week, and the providers need consistent access to our home.

Our HOA has a policy of 1 guest pass per house. We lost our guest pass years ago because our old therapist never gave it back so I provided our main therapist plate # to the management and things were fine for about 2 years until a recent towing incident of our main therapist’s car.

I requested a reasonable accommodation to allow therapy providers to park within the community during service hours. The new management/HOA is refusing and says we must follow standard rules by using 1 guest pass only or having providers park outside the gated community.

The guest parking is usually empty during the therapy hours and we see other cars all the time without the pass and they don’t get towed.

My questions are:

  1. Is an HOA required to provide parking accommodations under the Fair Housing Act in situations like this?

  2. Can they rely on guest passes even if it is not a reliable solution for frequent/daily therapy with multiple providers?

  3. Would this qualify as failure to provide a reasonable accommodation?

  4. Is this something worth pursuing through HUD?

Thank you in advance for any guidance.

submitted by /u/Mundane-Let-4789
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