U.S. Attorney General Jeff Sessions recently announced that the Department of Justice (DOJ) rescinded 25 guidance documents that the department deemed unnecessary, inconsistent with existing law, or otherwise improper....more
1/4/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Deregulation ,
Disability Discrimination ,
Executive Orders ,
Guidance Update ,
Regulatory Agenda ,
Regulatory Burden ,
Regulatory Oversight ,
Regulatory Reform ,
Service Animals ,
Title II ,
Title III ,
Trump Administration
Two federal courts in New York recently joined the growing list of those finding that Title III of the Americans with Disabilities Act (ADA) does apply to websites. Both courts denied motions to dismiss by businesses that had...more
Following a two-day bench trial, a federal judge in Florida issued a decision on June 12, 2017, finding that the website of grocer Winn-Dixie must comply with the Americans with Disabilities Act (ADA) because the website is...more
6/30/2017
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Grocery Stores ,
Injunctive Relief ,
Public Accommodation ,
Rewards Programs ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
The U.S. Department of Housing and Urban Development (HUD) has announced it will continue to address disparate impact liability for discriminatory insurance practices on a case-by-case basis. HUD addressed concerns from the...more
The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more
9/30/2016
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Disability ,
Disability Access Claims ,
Disability Discrimination ,
Landlords ,
Litigation Strategies ,
Motion To Intervene ,
Property Owners ,
Public Accommodation ,
Title III
People with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA) under new guidance announced by the U.S. Department of Housing and Urban Development (HUD). Housing providers can face liability for...more
9/21/2016
/ Discrimination ,
Disparate Impact ,
Fair Housing Act (FHA) ,
Housing Discrimination ,
Housing Market ,
HUD ,
Landlords ,
Limited English Proficiency (LEP) ,
Mortgages ,
National Origin ,
National Origin Discrimination ,
Real Estate Market ,
Tenants
The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more
9/16/2016
/ Affordable Housing ,
Discrimination ,
Dispute Resolution ,
Fair Housing Act (FHA) ,
Harassment ,
Hostile Environment ,
Housing Discrimination ,
Housing Market ,
HUD ,
Quid Pro Quo ,
Residential Real Estate Market ,
Risk Management ,
Tenants ,
Third-Party Liability
A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more
9/2/2016
/ Affordable Housing ,
Burden-Shifting ,
Causation ,
Discrimination ,
Dismissals ,
Disparate Impact ,
Fair Housing Act (FHA) ,
HUD ,
LIHTC ,
Pleading Standards ,
Race Discrimination ,
Texas Dept of Housing v Inclusive Communities ,
Title VII
A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more
9/1/2016
/ Affordable Housing ,
Discrimination ,
Dismissals ,
Disparate Impact ,
Disparate Treatment ,
Fair Housing Act (FHA) ,
Housing Discrimination ,
Housing Market ,
HUD ,
LIHTC ,
Race Discrimination ,
Residential Real Estate Market ,
Texas Dept of Housing v Inclusive Communities
A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more
4/26/2016
/ Affordable Housing ,
Burden of Proof ,
Disparate Impact ,
Fair Housing Act (FHA) ,
HUD ,
MA Supreme Judicial Court ,
Race Discrimination ,
Risk Mitigation ,
SCOTUS ,
Texas Dept of Housing v Inclusive Communities ,
Title VII
Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more
The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more
The U.S. Department of Justice (DOJ) and Kent State University (KSU) reached a $145,000 settlement over claims of discrimination under the Fair Housing Act (FHA) on January 4, 2016. In 2014, DOJ initiated a lawsuit against...more
The U.S. Department of Housing and Urban Development (HUD) has released a proposed rule that aims to "formalize standards for use in investigations and adjudications involving alleged harassment on the basis of race, color,...more
HUD issued the final rule on Affirmatively Furthering Fair Housing (AFFH), which is poised to provide clear, actionable guidelines and data that will help HUD grantees achieve fair housing and equal opportunity goals. The...more
A sharply divided U.S. Supreme Court announced its decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., on June 25, 2015, holding that disparate impact claims are...more
In a 5-4 decision today, the U.S. Supreme Court recognized that disparate-impact claims maintain adjudication viability under the Fair Housing Act (FHA). Justices Kennedy, Ginsberg, Breyer, Sotomayor, and Kagan provided the...more
The U.S. Supreme Court held today that disparate impact claims are cognizable under the Fair Housing Act (FHA), in a 5-4 opinion authored by Justice Kennedy. He was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan....more
Last week, the U.S. Supreme Court heard oral argument in a case which questioned whether the Fair Housing Act (FHA) allows for a disparate impact theory of liability. The disparate impact theory of liability is one in which a...more
The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more
Recently, the U.S. Department of Justice and Franciscan St. James Health (St. James), a nonprofit health care system providing comprehensive health care at hospitals in Illinois, settled a lawsuit alleging that St. James...more
Recently, following the U.S. Supreme Court's grant of certiorari, more than a dozen organizations, groups, and associations filed separate amicus curiae briefs in support of the notion that the Fair Housing Act (FHA) does not...more
In a Fair Housing Act (FHA) case we have been watching for some time, the federal district court in Washington, D.C., recently issued an opinion vacating the U.S. Department of Housing and Urban Development’s (HUD’s)...more
Yesterday, the U.S. Supreme Court agreed for the third time in recent history to decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA). The Supreme Court granted the Texas Department of...more
A lawsuit was recently filed alleging that the U.S. Department of Treasury (Treasury) and Office of Comptroller of the Currency (OCC) perpetuated racial segregation in the City of Dallas in their administration of the Low...more