Uneek’s Fight For Her Disability Modification

After 23 years as a homeowner, Uneek downsized to a condo following major brain surgery and managing ongoing health-related challenges. She chose to live in a community with a homeowner’s association (HOA), in hopes of easing the burden of upkeep by handling exterior maintenance like roof repairs and snow removal.

After a short hospital stay, Uneek’s doctor stressed the importance of having a backup generator for her CPAP machine, as it was a medical necessity if she were to be without power for an extended period. Understanding the importance of this reasonable modification, a physical change to make her home accessible and a right protected under the Fair Housing Act, Uneek requested approval from her HOA to install the generator, noting that she would cover the cost. Despite this, the HOA denied her request multiple times without providing any explanation.

Astounded by the rejection, Uneek reached out to Disability Rights Ohio (DRO) for help. Similar to the response Uneek received, DRO was ignored by the HOA president and threatened with a harassment charge if they continued to contact the HOA regarding the matter. Getting nowhere, Uneek and DRO decided to file a complaint with the Ohio Civil Rights Commission (OCRC). Uneek was then referred to HOME to help guide her through this process.

HOME staff assisted Uneek with writing and filing the fair housing complaint, including pulling together all documentation and correspondence between Uneek and the Board and letters from her sleep specialist and pulmonologist verifying the disability and need for the modification. Throughout the complaint’s investigation, HOME supported Uneek and assisted her in navigating and understanding the process. When OCRC found there was a charge of discrimination and the case moved to court, HOME connected Uneek with legal representation.

Finally, the case reached a settlement. This included the HOA board president to step down, required the new HOA board members to attend fair housing trainings conducted by HOME, amended bylaws that include a fair housing clause, paid damages to Uneek, and granted her approval to install the generator.

After everything Uneek experienced, she shared a feeling many know too well: “I felt guilty that I had taken this on, but then I finally came to terms that I had every right to stand up for my rights as a disabled person.” She continued, “At the end of the day, I just made my request, which I was entitled to do, and this person's actions was in violation of my rights as well as federal and state laws. So, the lesson for me was not to blame myself for standing up.”

For Uneek, working with a local organization made all the difference. She was able to bring documents in person and get hands-on support when she needed it most. She hopes others will continue to reach out for the same kind of help, as she emphasizes, “You don’t have to enter into the fight alone; there are agencies and resources.”

If you believe you are being denied a reasonable accommodation or modification in housing or facing discrimination based on your disability, HOME is here to help. Call us at 513-721-4663 to speak with one of our housing advocates and learn about your rights in housing.