News & Analysis as of

Rental Property Discrimination

Cadwalader, Wickersham & Taft LLP

Gimme Shelter: But Cash Only, Please

A recent case addressed landlords’ refusal to accept Section 8 vouchers. The issue before the Court in People v. Commons W., 2023 N.Y. Slip Op. 23213, (N.Y. Sup. Ct. 2023) was whether New York’s source of income...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

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

Seyfarth Shaw LLP

Head’s Up: Increased Risk of Consumer Class Actions With Growing Trend of Local Restrictions on Reporting and Considering...

Seyfarth Shaw LLP on

On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Holds that Landlord May Be Liable for Deliberate Indifference to Tenant-on-Tenant Discrimination

The United States Court of Appeals for the Seventh Circuit recently addressed a matter of first impression regarding landlord liability under the Fair Housing Act (FHA): whether a landlord may be liable under the FHA for...more

Troutman Pepper

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

Troutman Pepper on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

Ballard Spahr LLP

HUD Fair Housing Guidance Raises ECOA Risk in Serving LEP Consumers

Ballard Spahr LLP on

New guidance issued by the U.S. Department of Housing and Urban Development (HUD) on Fair Housing Act (FHA) protections for persons with limited English proficiency (LEP) could have reverberations under the Equal Credit...more

Ballard Spahr LLP

Rental Housing Mistake Limited the Number of Children at Properties

Ballard Spahr LLP on

Recently, managers of rental homes settled with the U.S. Department of Justice (DOJ) after the managers discriminated against a woman with several children by unlawfully denying housing to the family....more

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