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Fair Housing Act (FHA) Rental Property

Troutman Pepper

HUD Issues Guidance on Applicability of the Fair Housing Act to Tenant Screening and Housing-Related Advertising That Relies Upon...

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On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and...more

Hudson Cook, LLP

"Reducing Barriers to HUD-Assisted Housing": HUD NPR for Use of Criminal History in Tenant Screening and Termination At...

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Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....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

Whitman Legal Solutions, LLC

Dialect Discrimination Violates the Fair Housing Act

Earlier this month, the Department of Housing and Urban Development (HUD) filed a Charge of Discrimination (Charge) alleging that landlord N. Clark LLC (Landlord) and its managing member Kathleen Cresson unlawfully...more

Lerch, Early & Brewer

He Said, She Said – The Board as Judge and Jury

Lerch, Early & Brewer on

THE SCENE - You wake up on Monday morning to find 53 unread e-mails in your inbox. Pasha from unit 101 has written extensively to complain about his neighbor in unit 102 incessantly smoking this past weekend. Pasha says...more

Orrick, Herrington & Sutcliffe LLP

Tenant screening company subject to FHA

On July 26, a federal judge in the U.S. District Court for the District of Massachusetts ruled that a tenant screening algorithm is subject to the Fair Housing Act, including the FHA's ban on racial discrimination in housing....more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

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

Whitman Legal Solutions, LLC

Landlords Agree to $3 Million Settlement in California Housing Discrimination Case

Property manager Vasona Management, Inc., a (Manager) recently attempted to impose blanket prohibitions on children’s activities at nearly 50 California apartment complexes. The State of California Civil Rights Department...more

Whitman Legal Solutions, LLC

HUD Rules Landlord Doesn’t Qualify for Mrs. Murphy Exemption

Mrs. Waters is much like the fictional Mrs. Murphy in the fair housing field – a widow who rents rooms in a small boarding house where she also resides. The Fair Housing Act (FHA) prohibits housing discrimination, but...more

Orrick, Herrington & Sutcliffe LLP

DOJ, HUD say Fair Housing Act extends to algorithm-based tenant screening

On January 9, the DOJ and HUD announced they filed a joint statement of interest in a pending action alleging discrimination under the Fair Housing Act (FHA) against Black and Hispanic rental applicants based on the use of an...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

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - UPDATED March 2021

Lowenstein Sandler LLP on

REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended...more

Whitman Legal Solutions, LLC

Landlords Must Allow Emotional Support Animals

Recently, the Department of Housing and Urban Development (HUD) filed a charge of discrimination claiming (Charge) claiming Missouri landlord Dahms Investments, L.L.C. (Dahms) violated the FHA by requiring a prospective...more

WilmerHale

President Biden’s Memorandum on Housing Discrimination

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On Tuesday, January 26, President Biden signed a memorandum on discriminatory housing practices and policies. The memorandum is one of a series of recent executive actions focused on racial equity, representing the...more

Fox Rothschild LLP

An Apartment Community Holiday Decoration Guide

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The most uncommon year of 2020 continues on, with a most unusual Thanksgiving last week. Accordingly, it is now time for my annual Fair Housing Blog apartment community holiday decoration guide. How do we respect the...more

Fox Rothschild LLP

Can Apartment Management Restrict Political Signs In Windows And On Doors? Read On.

Fox Rothschild LLP on

With the 2020 presidential election less than three months away, I had an interesting question hit my desk: can a property management company restrict residents from placing political signs on their exterior windows, doors,...more

Fox Rothschild LLP

Answering Fair Housing Defense Blog Reader Questions/Comments

Fox Rothschild LLP on

Catching up with some Fair Housing Defense reader email this week. With the caveat that this blog entry does not constitute legal advice, here we go: 1.Am I part of the problem? Sure hope not. A reader indicated that...more

Lowndes

Governor DeSantis Signs Bill Defining Emotional Support Animals and Criminalizing Their Falsification

Lowndes on

On the heels of the U.S. Department of Housing and Urban Development (HUD) issuing new guidance as to what it considers to be the best practices for housing providers when they are presented with requests for “emotional...more

Lowndes

Emotional Support Animals: Do They Have To Live Here?

Lowndes on

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

Fox Rothschild LLP

New California Law Expands The Definition Of Source Of Income Protection In Housing

Fox Rothschild LLP on

In a significant development for housing providers in California, the state legislature passed and the Governor signed a bill (now a law) designed to prohibit property management from discriminating against residents and...more

Fox Rothschild LLP

HUD Charges Georgia Apartment Owners With Familial Status Discrmination

Fox Rothschild LLP on

A couple of weeks ago, the U.S. Department of Housing and Urban Development (HUD) charged a couple from Georgia with familial status discrimination pursuant to the Fair Housing Act (FHA). HUD asserts that the couple, who own...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Whitman Legal Solutions, LLC

A Concert Hall for Every Ensemble and an Apartment for Every Family

Concert halls come in many sizes to accommodate different types of performers and different sizes of audiences. At Carnegie Hall, there is the famed Isaac Stern Auditorium/Perelman Stage, which seats more than 2,800....more

Fox Rothschild LLP

HUD Files Fair Housing Charge Asserting Discrimination Against A Family With Children

Fox Rothschild LLP on

Last week, the U.S. Department of Housing & Urban Development (HUD) stated it decided to charge the owners/manager of a rental home in Idaho with violation of the familial status discrimination provision in the Fair Housing...more

Whitman Legal Solutions, LLC

How Allowing Smoking in Apartments Can Lead to a Fair Housing Violation

Many major cities have passed laws prohibiting smoking in public areas. However, smoking still remains a challenge for musicians who perform in smoke-filled clubs in cities lacking those laws. But even if smokers can’t...more

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