SAAA November/December 2018 RESIDENCE Magazine NOV_DEC_2018_Magazine | Page 32

LEGAL UPDATE not limited to, the club room, the workout room, the business center, the pool and the spa. You will likely have to install, or have available, a lift at the pool and spa to allow a mobility-impaired person to access the pool or spa. TAA Lease Provision on STRs: The current TAA Lease provides a complete prohibition of any STR: 30.3 Rental Prohibited. You agree that you won‘t rent, offer to rent or license all or any part of your apartment to anyone else unless otherwise agreed to by us in writing. You agree that you won‘t accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging rental website or with any person or service that advertises dwellings for rent. Consequently, you currently have the right to either issue a Notice to Vacate for Non- Delinquency Breach of Lease or a Lease Violation when this provision is violated. Developing an STR Policy: You will likely need to develop a comprehensive policy on STRs if you: i. Completely prohibit STRs; ii. Utilize or allow STRs; or iii. Simply “look the other way” if STRs are occurring on the property. With items ii. and iii. above, be prepared to address ADA concerns as there are multiple disabled advocates that regularly “shop” properties for ADA and Fair Housing Act Design and Construction compliance and file lawsuits when properties are out of compliance. The area of law around STRs will continue to evolve and develop; keep 32 November/December 2018 | www.saaaonline.org informed by monitoring SAAA, TAA and NAA advisories regarding this rapidly changing area of the law. FAIR HOUSING ACT HORIZON: The Fair Housing Act continues to evolve with the change in presidential administrations and with new Secretary of Housing and Urban Development (“HUD”) Ben Carson. Notwithstanding the general Trump administration theme of less regulation of business in general, HUD has been slow to change or revise the rules and guidance that issued during the Obama Administration under Secretary Julian Castro. Fair Housing advocates, such as non-profit Fair Housing Initiative Programs like the Fair Housing Council of Greater San Antonio and private attorneys continue to file complaints under existing law, regulations and guidance. This article discusses the issues that are on the horizon in the realm of Fair Housing and which you need to have on your radar screen. Occupancy Standards: Under the protected class of familial status, the occupancy standards for the number of adults and children per bedroom has been fairly settled law since HUD re- adopted the 1991 Keating Memorandum in effective in 1999. The Keating Memorandum was issued by the general counsel of HUD to instruct HUD investigators regarding the considerations when a complaint was filed regarding discriminatory occupancy standards. The Keating Memorandum requires that multiple factors be taken into account when considering the occupancy restrictions imposed by a community regarding the maximum number of persons per bedroom. The Keating factors include size of unit, size Page 2