News & Analysis as of

Discrimination › Tenants

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bailey & Glasser, LLP

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

Shumaker, Loop & Kendrick, LLP on

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results...more

Jackson Lewis P.C.

New York Bill Would Require Real Estate Brokers, Salespeople Be Trained On Preventing Housing Bias

Jackson Lewis P.C. on

Following a three-year investigation conducted by Newsday into alleged unequal treatment toward minority homebuyers on Long Island, New York has announced proposed regulations to combat housing discrimination that would...more

Seyfarth Shaw LLP

Head’s Up: Increased Risk of Consumer Class Actions With Growing Trend of Local Restrictions on Reporting and Considering...

Seyfarth Shaw LLP on

On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Holds that Landlord May Be Liable for Deliberate Indifference to Tenant-on-Tenant Discrimination

Bradley Arant Boult Cummings LLP on

The United States Court of Appeals for the Seventh Circuit recently addressed a matter of first impression regarding landlord liability under the Fair Housing Act (FHA): whether a landlord may be liable under the FHA for...more

Shumaker, Loop & Kendrick, LLP

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

Shumaker, Loop & Kendrick, LLP on

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

Troutman Pepper

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

Troutman Pepper on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

Ballard Spahr LLP

HUD expands fair housing liability to include LEP discrimination

Ballard Spahr LLP on

Last week, HUD issued new guidance confirming that persons with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA). LEP includes a limited ability to read, write, speak, or understand English. ...more

Ballard Spahr LLP

HUD Expands Fair Housing Protections

Ballard Spahr LLP on

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

Ballard Spahr LLP

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

Ballard Spahr LLP on

This week, HUD issued a final rule that creates liability under the Fair Housing Act (FHA) for housing providers for occurrences of “quid pro quo harassment” or “hostile environment harassment.” The new rule takes effect on...more

Ballard Spahr LLP

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

Ballard Spahr LLP on

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

Dentons

HUD’s Newly Published Guidelines and Warnings Regarding a Landlord’s Use of Criminal Records in Screening Potential Tenants

Dentons on

This article provides information in response to various questions that I (Jodie McDougal) have received over the past several months regarding the April 4, 2016, Memorandum (the “Memorandum”) published by the U.S. Department...more

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