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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

Some communicated we may no longer institute an adult only swim because it discriminates by age. Is that true?

Answer:

Yes, that is true. In addition to requiring a reasonable accommodation in rules, policies, practices or services to afford a person with a disability the equal opportunity to use and enjoy a dwelling, the Fair Housing Act also prohibits discrimination on the basis of, among other things, familiar status. It would be a violation of the Fair Housing Act to permit an adult only swim as this would have a discriminatory affect upon families with children.

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