Fair Housing

An Oregon HOA's rules prohibit satellite dishes. A tenant with a disability who has no hearing ability wants to install a dish to receive closed-captioned programming. Under fair housing law:

AThe HOA may enforce its no-dish rule without exception
BThe HOA must permit the installation as a reasonable accommodation for the tenant's disability
CThe FCC's OTARD rule preempts the HOA's rule regardless of disability
DBoth B and C apply✓ Correct

Explanation

Both the fair housing reasonable accommodation obligation and the FCC's Over-the-Air Reception Devices (OTARD) rule protect the tenant's right to install a satellite dish. Under fair housing, allowing the dish is a reasonable accommodation for the disability; under OTARD, HOA restrictions on dishes/antennas have limited enforceability.

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