Posted by JHyre in Ohio on March 10, 2000 at 08:47:36:
and even if no discrimination under ADA or otherwise, proving nom discrimination is very expensive…even if the park wins, it loses.
John Hyre
Is this Discrimination??? - Posted by chris_wa
Posted by chris_wa on March 09, 2000 at 22:38:20:
I have a potential buyer for one of my mobiles…husband and wife. The wife has recently been inflicted with blindness. She has a “see-eye” dog that is well over the 35lb limit that the park usually has on dogs. The buyers tell me that this is a very well trained 9yr old shepard that won’t present any problems. Usually I wouldn’t worry about this too much, but this is a new park and manager that i am working with and she is a real stickler to say the least. (has already turned down several of my buyers even though i guaruntee the space rents) Anyway, not sure of the legalities here. Can the park manager turn them away because of this? Any suggestions here? Thanks. Meeting with them tomorrow.
Chris_wa
Re: Is this Discrimination??? - Posted by B.L.Renfrow
Posted by B.L.Renfrow on March 10, 2000 at 07:52:09:
I could be wrong, but I believe the Act prohibits discrimination because of a service animal, i.e. a park’s no dogs rule could not be applied in that case.
While it is true a landlord must make “reasonable accomodation” for disabilities, that would clearly not apply to the MH itself, since you will not be a landlord.
Maybe it’s time to take that PM to lunch and see whether you can address whatever her concerns are, since it sounds as if she’s killing too many potential deals.
Brian (NY)
Re: Is this Discrimination??? - Posted by Bert G
Posted by Bert G on March 09, 2000 at 23:30:06:
The Civil Rights Act of 1968 prohibits discrimination in seven protected categories, one of which is “Physical or mental disabilities”. A landlord must make reasonable accomodations for disabled persons.
For more information, call HUD at 800-669-9777
According to “Every Landlord’s Legal Guide” by Nolo Press, landlords are expected to adjust rules, procedures, or services to give a disabled person equal opportunity. This includes allowing service animals.
So, in my non-lawyer opinion, a MH park that does not allow a blind person’s guide dog is violating federal law. You may want to remind the manager of this.
Bert G
Re: Is this Discrimination??? - Posted by Robert
Posted by Robert on March 09, 2000 at 22:58:07:
I am no expert on that subject. However, I suggest you contact ADA (Americans with Disability ACT) to get your answer. I am not sure where to get the number. You might try your state fire marshall’s office. They enforce a lot of the ADA codes.