The federal Fair Housing Act bans housing discrimination — and it applies to your HOA. An association does not have to sell or rent homes to be covered: enforcing rules and CC&Rs, running architectural review, and providing common amenities are all governed by the Act because the HOA controls the “terms, conditions, or privileges” of housing and the services connected to it (42 U.S.C. § 3604(b), (f)).
Protected classes
Under 42 U.S.C. § 3604 it is illegal to discriminate in housing because of race, color, religion, sex, national origin, familial status (families with children under 18, and pregnant people), or disability (“handicap” in the statute — legally the same thing).
What your HOA cannot do
- Adopt or enforce discriminatory covenants or rules (racially restrictive covenants are void and unlawful).
- Selectively enforce neutral rules more harshly against a protected class — fines, parking, architectural review, noise, amenities (§ 3604(b)).
- Make discriminatory statements in newsletters, listings, signage, or board communications (§ 3604(c)).
- Discriminate in the provision of services or facilities — pools, clubhouses, common areas (§ 3604(b), (f)(2)).
Disability — the biggest HOA area
Disability is different from every other protected class: it imposes affirmative duties, not just a duty to avoid unequal treatment. This is the single most-litigated area for associations.
Full guide: Disability & Accessibility — animals, parking, modifications →
Reasonable accommodations — § 3604(f)(3)(B)
A change to a rule or policy when needed to give a person with a disability equal use and enjoyment of their home — usually at no cost to the resident. HOA examples:
- Allowing an assistance animal despite a no-pets / breed / size rule.
- A designated accessible parking space near the unit, even where parking is unassigned.
- Waiving an architectural rule to allow a ramp, grab bars, or a visible access feature.
Reasonable modifications — § 3604(f)(3)(A)
A physical change (ramp, widened doorway, grab bars). The resident generally pays. For a rental interior the owner may require restoration; for an owner-occupant’s own home HUD guidance is that restoration generally may not be required.
Assistance animals — HUD Notice FHEO-2020-01 (Jan. 28, 2020)
- Assistance animals are not pets — no pet fees, deposits, or breed/size/weight limits; a “no pets” policy does not apply.
- Two kinds: service animals (dogs trained to do a task — the ADA test) and support animals (provide emotional support / assistance because of a disability, no special training required).
- Documentation: the HOA may ask only for information confirming a disability-related need — not a diagnosis or medical records. If the disability and the need are obvious, it may ask for nothing.
- For a common household animal (dog, cat, bird, rabbit, fish, etc.) the burden to deny is effectively on the HOA; for a unique/exotic animal the requester carries a substantial burden.
The interactive process — and when an HOA may deny
No magic words or specific forms are required; the HOA must engage in good faith. A request may be denied only if it would be an undue financial/administrative burden, a fundamental alteration of operations, or a direct threat to others’ health/safety based on an individualized assessment — never on speculation, stereotypes, or breed. If a request is unreasonable, the HOA should discuss an alternative.
Familial status & 55+ communities
An HOA cannot restrict families with children through discriminatory occupancy caps or amenity rules aimed at kids (e.g., barring children from the pool except at limited hours). HUD treats “two persons per bedroom” only as a loose starting point, not a fixed rule.
Housing for Older Persons (HOPA) exemption — § 3607(b). A community is exempt from familial-status claims if it is 62+ (solely 62 and older) or 55+: at least 80% of occupied units have someone 55 or older, it publishes and follows policies showing 55+ intent, and it verifies age by surveys/affidavits. The exemption covers familial status only — a 55+ community must still comply with every other part of the FHA.
Harassment & retaliation
Harassment — 24 C.F.R. § 100.600 expressly reaches HOAs, boards, managers, and neighbors: both quid pro quo harassment and hostile-environment harassment (unwelcome conduct severe or pervasive enough to interfere with use and enjoyment). No proof of psychological or physical harm is required.
The HOA’s own liability — 24 C.F.R. § 100.7. An association can be directly liable for failing to stop a harassing neighbor when it knew or should have known and had the power to correct it — and HOAs usually do have that power (fines, rule enforcement). It is also vicariously liable for its agents and managers.
Retaliation — 42 U.S.C. § 3617. It is independently illegal to coerce, intimidate, threaten, or interfere with anyone for asserting fair-housing rights — or for helping someone else assert them. Retaliating against a member for requesting an accommodation or filing a complaint is itself a violation.
New multifamily: design & construction
Covered multifamily buildings (4+ units) first occupied after March 13, 1991 must meet seven accessibility requirements (§ 3604(f)(3)(C)) — accessible entrance and route, usable doors, accessible common areas and controls, reinforced bathroom walls for grab bars, and usable kitchens/baths. Relevant where an association governs newer condominium buildings.
How it is enforced
You can file a HUD complaint within one year of the discriminatory act (free), or sue in court within two years. In Arizona, HUD complaints are investigated by the Arizona Attorney General’s Civil Rights Division. See the step-by-step guides below.
Filing a complaint / related
- Disability & Accessibility — full guide (animals, parking, modifications)
- How to file a Fair Housing (HUD) complaint
- How to file an Arizona AG Civil Rights complaint
Arizona law on the same topic
- A.R.S. § 33-1808 — Arizona flag & political-sign protections