News & Analysis as of

Fair Housing Act (FHA) Residential Leases

Hudson Cook, LLP

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

Hudson Cook, LLP on

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

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

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

Fox Rothschild LLP

Early Lease Terminations And COVID-19: Here Are Some Guidelines

Fox Rothschild LLP on

As written here (and elsewhere), the COVID era has raised housing law issues nobody had thought of until March 2020. While there are recently approved vaccines, until those vaccines are widely distributed to the American...more

Goodwin

Federal Court Refuses to Vacate Ruling Precluding Fair Housing Act Damages

Goodwin on

On July 17, 2020, a federal judge in Guam refused to vacate her ruling in U.S. v. Government of Guam, et al., Case No. 1:17-00113, which held that sovereign immunity prevented the U.S. government from seeking damages under...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

Fox Rothschild LLP

COVID Eviction Pause Update — Check With Your Local Court

Fox Rothschild LLP on

As written here and elsewhere, navigating traditional landlord/tenant legal matters during the past few months has been complicated. Management wants and needs to have compassion for all of our residents who have been...more

Dentons

Navigating the Fair Housing Act and Iowa Landlord-Tenant Law during COVID-19

Dentons on

In light of COVID-19, landlords, property managers, homeowners’ associations, and others in the business of renting or selling residential properties are in uncharted territory. Landlords are asking what can and should be...more

Fox Rothschild LLP

HUD Settles Familial Status And Occupancy Standards Fair Housing Case For $10,000

Fox Rothschild LLP on

In a statement issued last week, the U.S. Department of Housing & Urban Development (HUD) announced that it resolved a familial status fair housing case from California for $10,000. The complaint, initially filed with HUD...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

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

Tucker Arensberg, P.C.

Support, Service, and Assistance Animals: A Return to Integrity?

Tucker Arensberg, P.C. on

On October 24, 2018, Governor Wolf signed HB 2049 into law as Act 118. The Assistance and Service Animal Integrity Act (“ASAIA”), is Pennsylvania’s initial legislative response to the growing concern among property managers,...more

Shumaker, Loop & Kendrick, LLP

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

Shumaker, Loop & Kendrick, LLP

Condominium Leasing Restrictions’ Impact on FHA Home Loan Eligibility

Frequently, the governing documents of condominium associations contain limitations on the ability of owners to lease or sell their property, such as provisions requiring owners to obtain the Association’s approval before...more

Fisher Phillips

Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

Fisher Phillips on

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those...more

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