HOAs and Fair Housing Laws in New York

HOAs and fair housing laws in New York intersect in many ways that differ from other states in the United States. Federal law already provides robust fair housing laws that prevent discrimination. New York has additional regulations that increase the scrutiny of HOAs, property owners, and developers. Fortunately, HOA election ballot services like ElectionBuddy can assist.

ElectionBuddy can help HOAs and voters better understand fair housing laws, and we can work with HOAs to make online voting easier. With our help, HOAs can increase transparency and reduce their risk of regulatory penalties. 

Federal Fair Housing Versus New York Law

Federal fair housing laws prohibit housing discrimination based on race, religion, gender, or disability. These laws are generally written to prevent homeowners and landlords from denying housing to would-be renters. However, HOAs can run afoul of federal law if they are found to have excluded certain classes of individuals from residing in a community. 

New York State law takes fair housing regulations much further with additional protections. Its human rights law does not allow discrimination based on sexual orientation, gender identity, or lawful sources of income. 

New York City adds more layers. It has its own laws regarding fair housing, foreclosure rights, eviction, and rent control. Navigating three separate sets of regulations can be complicated for HOAs, property developers, and the real estate industry as a whole. 

Federal vs. New York vs. New York City Fair Housing Laws

Fair Housing and HOA Voting

Just as federal and state laws prevent depriving certain individuals of their right to housing, they also protect HOA community members from prejudice during elections. 

HOAs must ensure that no one in the community is denied their right to vote for the above-mentioned reasons. This means election procedures cannot disadvantage any particular group. 

One example is that accommodations must be made for disabled community members. Those with a disability must be allowed to cast their ballots and are afforded protections to ensure their rights are not violated. 

Legitimate Denial of Voting Rights

While it is rare for an HOA member to be denied their right to vote, there are a few situations that can arise where an HOA intentionally or unintentionally excludes a member from voting. 

Non-Payment of HOA Dues

HOAs rely on their members to pay annual fees. These fees help pay for administration and to keep the community clean and facilities maintained. If a community member fails to pay their annual dues, the HOA can revoke their voting rights until the matter is resolved. 

If the HOA is found to be charging increased fees or excessive penalties to certain groups or individuals, they may be faced with fair housing violations. 

Failure to Notify

Voter outreach in New York homeowner elections is a requirement. Community members must be given adequate notification of upcoming elections. Typically, this is no less than thirty days before an election.

A community member who was not properly notified of an upcoming election can challenge the HOA in court. To prevent this, HOAs need to ensure community members’ contact information is up to date and make every effort to contact members about upcoming elections. HOAs that maliciously exclude certain members from receiving notifications risk violating fair housing laws and are subject to severe penalties. 

HOA Voting Made Easy With ElectionBuddy

Homeowner associations in New York have statutes on voting rights that must be followed. ElectionBuddy can assist with notifying voters, providing easy access to election information, and handling elections from start to finish. By moving elections online, HOAs can also streamline the process. Easier elections mean increased voter turnout and a stronger guarantee that everyone has the right to vote!