News & Analysis as of

Fair Housing Act (FHA) Property Managers

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

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

Rivkin Radler LLP

Landlord Beware!

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The New Jersey Division on Civil Rights (DCR), which addresses and prevents housing discrimination in New Jersey, has increased its enforcement measures over the past 18 months. The increase in enforcement coincides with a...more

Brownstein Hyatt Farber Schreck

D.C. Policymakers Take Aim at Tenant Screening Issues

This week the U.S. Department of Housing and Urban Development (HUD) announced plans for additional steps it plans to take related to criminal history screening. This comes on the heels of the Consumer Financial Protection...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

Jackson Lewis P.C.

Will Implicit Bias Training for Real Estate Industry Professionals Become a Trend?

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California requires implicit bias training for brokers and salespersons in the real estate industry. Now, legislation pending in New York and South Carolina could be going in the same direction. On September 28, 2019,...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

Fox Rothschild LLP

HUD Initiates Religious Discrimination Fair Housing Act Case

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Most of the fair housing cases I report about in this Blog are brought by individuals or on behalf of individuals by a local fair housing advocacy group. There is, however, another way for a complaint to be filed. The federal...more

Fox Rothschild LLP

Retaliation And The Fair Housing Act

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I suspect I have mentioned this before, but it keeps coming up. In addition to the seven protected classes (race, national origin, color, religion, sex, familial status, and disability) in the federal Fair Housing Act (FHA),...more

Fox Rothschild LLP

Fair Housing And Elections

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All right. A couple of readers have asked me to comment on the November 2020 presidential election and what, if anything, the election may mean for fair housing. While I desperately try to avoid politics here at the Fair...more

Fox Rothschild LLP

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

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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

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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

Fox Rothschild LLP

HUD Charges Wisconsin Property Owner/Manager With Disability Discrimination Related To An Assistance Animal

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Pursuant to a release issued last week, the U.S. Department of Housing & Urban Development (HUD) stated it charged the owner and manager of apartment homes in Wisconsin with housing discrimination for allegedly refusing to...more

Fox Rothschild LLP

HUD Settles California Sexual Harassment Fair Housing Case For $63,000

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I will get back to how the pandemic is impacting the professional apartment management industry in my next post, but I wanted to note that at the end of March, the U.S. Department of Housing & Urban Development (HUD)...more

Fox Rothschild LLP

A Holiday Decoration Guide For Apartment Management

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With the calendar firmly in December, I have now received multiple requests from Fair Housing Defense blog readers (thank you for checking in) for my annual apartment community holiday decoration guide. How do we respect the...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 Awards $1.2 Million To Combat Housing Discrimination

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In a press release issued at the end of last month, HUD announced that it awarded another $1.2 million to combat housing discrimination. The grants, sent to 11 different organizations around the country, are tax dollars used...more

Fox Rothschild LLP

HUD Settles Disability Housing Discrimination Case For Approximately $11,000

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Last week, the U.S. Department of Housing and Urban Development (HUD) announced resolution of a housing discrimination case from California for just under $11,000. The complainants are a family with a child who has a...more

Fox Rothschild LLP

Fair Housing Act Sex Discrimination Case Settles For $20,000

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In a statement released earlier this month, the U.S. Department of Housing & Urban Development (HUD) announced that it settled a Fair Housing Act (FHA) sex discrimination case from California for $20,000. The facts involved...more

Fox Rothschild LLP

A Short Holiday Decoration Guide For Apartment Management

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Every year in December I get questions about holiday decorations in apartment communities. How do we respect the Christmas celebrations of some, Hanukkah beliefs of others, as well as festive traditions of various other...more

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Federal Court Concludes Social Security Disability Should Count As Income Under The Fair Housing Act

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In a decision published earlier this month, the U.S. Court of Appeals for the Eighth Circuit concluded that a disabled plaintiff has the ability to file a complaint under the federal Fair Housing Act (FHA) against a property...more

Fox Rothschild LLP

How Long Is “Reasonable” When Responding To A Reasonable Accommodation Or Reasonable Modification Request

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Last week, I got a demand letter from counsel for a resident concerning a reasonable accommodation request. That’s fine as they come in all the time. At the end of the letter, counsel demanded that we respond within three...more

Fox Rothschild LLP

HUD Resolves California Emotional Support Animal FHA Case For $8,500

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On October 11, 2018, the U.S. Department of Housing and Urban Development (HUD) announced that a disability discrimination claim from California settled for $8,500. The agreement resolved a complaint filed by a resident with...more

Fox Rothschild LLP

HUD Files Familial Status Fair Housing Act Charge Concerning Advertising

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From time to time cases arrive which provide clear guidance about what to do (or perhaps what not to do) when advertising multifamily housing. To that end, earlier this month, the U.S. Department of Housing & Urban...more

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