News & Analysis as of

Reasonable Accommodation Disability Fair Housing Act (FHA)

Shumaker, Loop & Kendrick, LLP

Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and...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

Fox Rothschild LLP

HUD Settles Disability And Retaliation Fair Housing Case From California For $23,000

Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing & Urban Development (HUD) announced that it settled a disability and retaliation Fair Housing Act (FHA) case for over $23,000 filed by two residents against housing providers...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

Fox Rothschild LLP

Some Further Thoughts On Fair Housing Act Medical Verifications

Fox Rothschild LLP on

I have had a handful of reasonable accommodation requests come across my desk over the last month with the same issue: when the leasing office gets a medical verification, the health care provider identifies that the resident...more

Fox Rothschild LLP

Some Thoughts On Financial Accommodations Designed As Reasonable Accommodations

Fox Rothschild LLP on

Three properties I represent (two on the west coast and one on the east coast) are currently involved with residents who separately have submitted reasonable accommodation requests to their respective leasing offices. All...more

Holland & Hart - Health Law Blog

IMGMA Q/A: Service Animals

...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more

Fox Rothschild LLP

Just Who Is Considered “Disabled” Under The Fair Housing Act?

Fox Rothschild LLP on

Although it comes up most frequently when I review emotional support animal reasonable accommodation requests under the Fair Housing Act (FHA), the issue of just who is “disabled” is one for all of us in the professional...more

Fox Rothschild LLP

Some Thoughts On Live-In Aides And Fair Housing

Fox Rothschild LLP on

A Fair Housing Defense blog reader sent me a question about live-in aides which I thought I would answer with some general guidance in a post. First, in order to have a live-in aide, a resident would need to meet the...more

Sherman & Howard L.L.C.

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

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