Tenants

News & Analysis as of

HUD expands fair housing liability to include LEP discrimination

Last week, HUD issued new guidance confirming that persons with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA). LEP includes a limited ability to read, write, speak, or understand English. ...more

HUD Expands Fair Housing Protections

People with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA) under new guidance announced by the U.S. Department of Housing and Urban Development (HUD). Housing providers can face liability for...more

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

This week, HUD issued a final rule that creates liability under the Fair Housing Act (FHA) for housing providers for occurrences of “quid pro quo harassment” or “hostile environment harassment.” The new rule takes effect on...more

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more

Under Construction - September 2016

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

Top 10 provisions your litigator wants in your commercial lease

It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Every commercial lease is...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19248 - Western Dermatology Consultants, P.C. v. VitalWorks, Inc. - This decision partially upheld an Appellate Court decision I previously summarized for you where a...more

HUD’s Newly Published Guidelines and Warnings Regarding a Landlord’s Use of Criminal Records in Screening Potential Tenants

This article provides information in response to various questions that I (Jodie McDougal) have received over the past several months regarding the April 4, 2016, Memorandum (the “Memorandum”) published by the U.S. Department...more

The New Electronic Communications Code - Areas of Concern for Landowners

The Electronic Communications Code (“Code”) gives rights to certain providers of telecommunications services (as Code “operators”) to install and maintain their “apparatus” (such as masts, exchanges, cables, cabinets etc.)...more

How to Prevent a Tenant from Removing Valuable Equipment Before They Flee

A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ. Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that...more

How to Avoid Unexpected Maintenance Expenses When Structuring a Commercial Lease

About to enter into a long term commercial lease? You may be subject to additional expenses beyond rent. Landlords often require that tenants accept certain repair and maintenance obligations during the term of the lease (a...more

Serial Plaintiffs Are Filing Waves of Disability Cases

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Real Estate News in Metro DC

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C....more

Don't discount the discounters: Section 34 of the Landlord and Tenant Act 1954

The recent unreported County Court judgment in Britel Fund Trustees Limited v. B&Q PLC is important for both landlords and tenants. The key issue concerned the application of section 34 of the Landlord and Tenant Act 1954...more

Recovering Possession of Abandoned Residential Property

The headline news from the Housing and Planning Act 2016 (the ‘Housing and Planning Act’) makes it look as though there is a good new solution to enable residential landlords to get their property back in their control when...more

Let's Talk North Carolina Leases: The Name of the Game Is the Correct Name

A lease is a contract. It is a contract in which the lessor (think, landlord or tenant/sublandlord) grants to another person or entity, called the lessee (think, tenant/sublandlord or subtenant), the right to possess and use...more

How Online Sales and In-Store Pick-Up Can Muddy the Waters on Calculating Percentage Rent

In today’s internet-reliant economy, retailers are expanding their online presence to stay relevant among customers that are increasingly looking to the internet for their shopping experience. Many customers prefer to shop...more

SNDA – What is It and Why is It Important?

What is an SNDA? An SNDA, or subordination (the “S”), non-disturbance (the “ND”) and attornment (the “A”) agreement, is an agreement between the lender providing financing to the landlord and a tenant of the...more

That Sinking Feeling

Structuring the ownership of mixed use buildings requires care both initially and then during the management of the building.  In a recent case, an investor in the residential parts of a mixed use building faces a significant...more

Waivers of Ownership Limitation Provisions in REIT Charters

I. Why Do REITs Have Ownership Limits in the First Place? - Ownership limitation provisions are designed primarily to protect one of a REIT’s most valuable assets – its status as a REIT under the federal income tax...more

Development – the clash of covenants

The recent High Court decision in Timothy Taylor Ltd v. Mayfair House Corporation and another [2016] EWHC 1075 (Ch) illustrates a point made in our recent article "Upward development – the extra layer", that landlords...more

Maryland Court of Appeals OKs Circumstantial Causation Evidence in Lead Paint Cases

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

Lead Paint and Drinking Water in Maine – Now Under Even More Scrutiny: Important news for owners of residential and child care...

Lead paint is a well-known problem for older homes, and lead in residential drinking water from historic plumbing is also a recognized issue in Maine. Lead can be a serious problem if children or pregnant women are exposed at...more

Building Around a Tenant

How much redevelopment and refurbishment work can a landlord do when it has a tenant in occupation? The recent case of Timothy Taylor Limited v Mayfair House Corporation provides a useful reminder of the obligations owed by...more

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