News & Analysis as of

Fair Housing Act (FHA)

House Prioritizes Housing Finance Reform

by Goodwin on

On October 3, 2017, the U.S. House of Representatives’ Financial Services Committee conducted a hearing on possible housing finance reform measures titled “Sustainable Housing Finance: An Update from the Director of the...more

HUD Resolves Fair Housing Case Against The State Of Maryland For $225,000

by Fox Rothschild LLP on

Pursuant to an agreement announced last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a discrimination complaint filed by local housing advocacy groups against Maryland’s...more

Appellate Court Describes Elements Of FHA Retaliation Claim

by Fox Rothschild LLP on

In a case involving the Americans With Disabilities Act (ADA), the U.S. Court of Appeals for the Seventh Circuit issued a new opinion which details the elements of a retaliation cause of action under the Fair Housing Act...more

Seventh Circuit Sets Proof Paradigm for ADA Interference Claims

by Hinshaw & Culbertson LLP on

Too often, we think of Americans with Disabilities Act (“ADA”) claims in terms of discrimination and failure to accommodate. Employment lawyers typically see interference claims in the context of other employment statutes,...more

DOJ Issues Annual Report To Congress On 2016 ECOA/FHA/SCRA Enforcement Activities

by Ballard Spahr LLP on

The Department of Justice’s Civil Rights Division has issued its annual report to Congress regarding its activities to enforce the ECOA, FHA and SCRA. The report covers 2016 activities that would have taken place under the...more

Bill To Amend The Fair Housing Act Introduced In Congress

by Fox Rothschild LLP on

In an effort to strengthen protections in the federal Fair Housing Act (FHA) against sexual harassment, a member of the U.S. House of Representatives from Michigan introduced a bill earlier this month to further define sexual...more

Timelines For Responding To Reasonable Accommodation Requests

by Fox Rothschild LLP on

In response to a question, here is a short Fair Housing Act (FHA) primer on the timeline for responding to reasonable accommodation or reasonable modification requests. Under our FHA, “discrimination” includes “a refusal to...more

Financial Services Weekly News - September 2017 #2

by Goodwin on

Editor's Note - In This Issue. Federal banking agencies are seeking public comment on their proposed revisions to the Community Reinvestment Act (CRA), the Consumer Financial Protection Bureau (CFPB) released a small...more

Court Awards Nearly $280 Million in Treble Damages Against Former FHA Lender

by Goodwin on

On September 14, 2017, the U.S. District Court for the Southern District of Texas issued an opinion and order against two former mortgage companies and their former president and CEO. The order, which followed a previous jury...more

DOJ Settles Familial Status Fair Housing Act Case For $95,000

by Fox Rothschild LLP on

Last week, the U.S. Department of Justice (DOJ) announced that it settled yet another Fair Housing Act (FHA) case, this time for a total of $95,000. In a case from Washington state, the owners/managers of three apartment...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Fair Housing Act Advertising Checklist

by Fox Rothschild LLP on

As an apartment management staff member, please know that advertising is absolutely a part of our Fair Housing Act (FHA) compliance efforts. Indeed, the FHA specifically has a section which confirms that it is against the law...more

DOJ Settles Disability Discrimination Fair Housing Act Case For $125,000

by Fox Rothschild LLP on

Last month, the U.S. Department of Justice (DOJ) resolved a Fair Housing Act (FHA) case against a New York based property management company in which the government asserted the defendants discriminated against a prospective...more

Issues With Online Emotional Support Animals Medical Verifications

by Fox Rothschild LLP on

The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve all legitimate reasonable...more

National Lender Settles False Claims Act Allegations with DOJ for Over $74 Million

by Goodwin on

?On August 8, 2017, the Department of Justice (DOJ) announced that a national lender agreed to settle allegations that it violated the False Claims Act. The settlement resolves allegations that the lender originated and...more

DOJ Settles Sexual Harassment Fair Housing Act Lawsuit For $600,000

by Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) recently announced that it settled a Fair Housing Act (FHA) discrimination lawsuit with the owners/managers of more than 70 residential properties in West Virginia to resolve allegations...more

US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud

by Goodwin on

On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions. Defendant had been accused of...more

What’s the Difference Between A “Service Animal,” An “Assistance Animal,” And An “Emotional Support Animal”?

by Fox Rothschild LLP on

As written in this space (and elsewhere) all too frequently, professional apartment owners and managers have seen a significant surge in the number of reasonable accommodation requests by residents with animals. Some of these...more

Living with the Robust Causality Requirement for Disparate Impact Under the Fair Housing Act

by Baker Donelson on

Two recent decisions from the Ninth Circuit Court of Appeals shine some light on the issue related to the United States Supreme Court's 2015 decision that under the Fair Housing Act recognized a right to seek disparate impact...more

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

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

DOJ Settles Race And National Origin Fair Housing Act Case For $70,000

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Justice (DOJ) settled a Fair Housing Act (FHA) case filed in Massachusetts for $70,000 in which the Complainants asserted discrimination based on race and national origin. As a...more

Keeping the Lights On For Your Ancillary Proceeding in Federal Court: When “Dismissed Without Prejudice” Means “Stayed”

Do you ever have days when you are not your most eloquent self, the words come out in a jumble, or they are just not precisely what you intended? So do trial judges. But appeals courts seem to understand....more

Consumer Financial Services Newsletter - July 2017

by Hinshaw & Culbertson LLP on

Sixth Circuit Rings the Spokeo Bell in FDCPA Ruling Involving Discovery Statute Violation - In May 2016, the U.S. Supreme Court ruled on whether the Fair Credit Reporting Act ("FCRA") created a right confering Article III...more

What Is The “Mrs. Murphy” Exception To The Fair Housing Act?

by Fox Rothschild LLP on

I get this question about exemptions to the Fair Housing Act (FHA) regularly, so I thought I would provide a refresher on the “Mrs. Murphy” exception to the FHA. At the outset, please know that apartment community owners,...more

HUD Bans Mortgage Lender from Originating FHA-Insured Loans Because of False Financial Statements

by Goodwin on

?On July 11, 2017, the United States Department of Housing and Urban Development (HUD) announced? that its Mortgagee Review Board had suspended a national mortgage lender from originating and underwriting new mortgages...more

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