News & Analysis as of

Fair Housing Act (FHA) Americans with Disabilities Act (ADA)

Jackson Lewis P.C.

Exploring Trends in Construction: AI Technology, Accessibility, Mental Health, Diversity

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The largest construction show in New York, the 2024 New York Build Expo, attracted architects, designers, contractors, and construction professionals from across the tri-state area. The event explored trends in the industry,...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Declines to Consider Appeal of Ninth Circuit Ruling that Sober Living Homes Do Not Have to Prove Each Resident...

Near the end of 2023, the United States Supreme Court declined to consider the City of Costa Mesa’s appeal of a January Ninth Circuit ruling in SoCal Recovery, LLC v. City of Costa Mesa (2023) 56 F.4th 802. The decision held...more

Whitman Legal Solutions, LLC

Marijuana Use and Fair Housing

This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more

Winstead PC

[Webinar] HOA Law Live: Fair Housing Act & Americans with Disabilities Act - POA Implications - November 7th, 12:00 pm - 1:00 pm...

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Join us for a live webinar as Winstead attorney Teddy Holtz discusses the Fair Housing Act & ADA POA Implications....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Questions Whether ADA Tester Case Is Moot

On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Lippes Mathias LLP

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

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While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment...more

Miller Nash LLP

What You Need to Know About Service Animals, Emotional Support Animals, and Assistance Animals

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In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The First Amendment and Disability Rights in the OC

This week, the Court addresses whether the dismissal of a volunteer member of a municipal advisory board implicates the First Amendment and considers a challenge to zoning ordinances designed to limit sober living homes. ...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or...more

Lasher Holzapfel Sperry & Ebberson PLLC

When Animals Are More Than a Pet: Differences in Rights and Responsibilities for Service and Emotional Support Animals

What is the difference between a service animal and an emotional support animal? A service animal is a dog which has been trained to perform a specific task or to do work directly related to a person’s disability. Service...more

Obermayer Rebmann Maxwell & Hippel LLP

Homes, HOAs & Harmony?

Homeowners associations, commonly referred to as HOAs, are becoming increasingly popular in many residential communities due to the draw of various amenities and the orderly aesthetic of the homes. An HOA is an organization...more

Holland & Hart LLP

Service Animals 101: Keep Your Business Out of the Legal Doghouse

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QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? ...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 2: FHA Considerations

Amundsen Davis LLC on

Part one of this series article addressed whether homeowners associations are required to allow support dogs in common areas where dogs may otherwise be prohibited. This article will address whether homeowners and...more

McAfee & Taft

Tenth Circuit kills ‘tester standing’ in accessibility lawsuits

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In January, the Tenth Circuit, which covers Oklahoma, effectively killed “tester standing” for Americans with Disabilities Act (ADA) Title III cases and Fair Housing Act cases. For many years, individuals with disabilities...more

Seyfarth Shaw LLP

California Governor Takes Action to Combat Emotional Support Animal Fraud

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Seyfarth Synopsis: California enacts new law, effective January 1, 2022, to crack down on fraudulent emotional support dogs....more

Fox Rothschild LLP

HUD Settles Two Fair Housing Act Cases: One For $8,000 And One For $6,000

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In separate releases issued earlier today, the U.S. Department of Housing & Urban Development (HUD) announced that it settled two housing discrimination matters: one from California for $6,000 and one from Hawaii for $8,000....more

Roetzel & Andress

Florida Adopts Legislation To Limit Abuse Of Fair Housing Act Relative To Emotional Support Animals

Roetzel & Andress on

While many housing providers, including community associations, have been required to allow individuals to bring emotional support animals into their communities even though pets are not permitted, recently adopted...more

Fox Rothschild LLP

Fraudulent Emotional Support Animals Limited By New Florida Law

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I’ve posted about Emotional Support Animals (“ESA”) before, I keep coming back to this topic because emotional support chickens, peacocks on planes and little dogs at the grocery store (a common sight in Florida during the...more

Fox Rothschild LLP

COVID-19: One Request Is A Reasonable Accommodation And One Is Not (But May Be Worth A Compassionate Release)

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I wanted to offer up two related COVID-19 fair housing scenarios I have seen recently in my discussions with apartment management clients. As written here (and elsewhere) regularly, our Fair Housing Act (FHA) requires...more

Holland & Knight LLP

COVID-19 Guidance for Institutions of Higher Education

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The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more

Arnall Golden Gregory LLP

HUD Updates and Clarifies Assistance Animal Guidance

The United States Department of Housing and Urban Development (HUD), on Jan. 28, issued new guidance on requests for reasonable accommodation under the Fair Housing Act (FHA) relative to “assistance animals” in various...more

Fox Rothschild LLP

Further Thoughts On The HUD Assistance Animal Guidance

Fox Rothschild LLP on

Your humble Fair Housing Defense blog editor appreciated hearing from a number of you concerning the new HUD guidance addressing reasonable accommodation requests for animals under the Fair Housing Act (FHA). In response to...more

Lowndes

Emotional Support Animals: Do They Have To Live Here?

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Recognizing the drastic increase in the number of requests being made to housing providers for “emotional support animals” by residents who do not appear to be disabled, at the end of January, the U.S. Department of Housing...more

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