March is Intellectual and Developmental Disability Awareness Month. According to the National Disability Institute, it has been observed since 1987 to raise awareness of the needs of individuals with an intellectual disability and reaffirm a collective commitment to providing the encouragement and opportunities Americans with intellectual disabilities need to live fulfilling lives.
This month, CAI reaffirms its commitment to promoting inclusive communities where all residents can enjoy community association living. CAI supports the right of all individuals to be free from illegal discrimination based on race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, or disability. CAI also supports the right of community associations to enforce their covenants, bylaws, and rules provided they do not illegally discriminate against any protected class.
In 1988, Congress amended the federal Fair Housing Act to include protections for disability. As noted by the Civil Rights Division of the U.S. Department of Justice, this protection covers the establishment of group homes in communities across the country. Group homes offer multiple people with disabilities the opportunity to live an independent and fulfilling life with necessary support.
CAI encourages all communities to understand the needs of residents with disabilities and use CAI’s Diverse and Inclusive Communities Guide to build more inclusive communities and recognize the impact certain decisions may have on residents with intellectual disabilities.
As noted in CAI’s Fair Housing Public Policy, when a “reasonable accommodation” is requested by a person with a disability, the association must seek appropriate professional guidance before dismissing the request as unfounded or questioning the person who requested its disability. Case law interpreting the obligation to provide accommodations is lengthy and complex, and the failure to honor a legitimate request may have serious consequences for an association.
The Foundation for Community Association Research published an overview of discrimination issues in community associations, best practice responses, and overall attitudes based on survey data from community associations across the country. The Creating Harmony in Diverse Communities Report is available here.
Individuals with intellectual and developmental disabilities deserve the same fair treatment as other residents, and communities should take time this month to understand how they can best adjust their own practices to foster a welcoming environment for all.
