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Residential Real Estate Civil Rights

Read Residential Real Estate law updates, news, and legal analysis from leading lawyers and law firms:

Some Thoughts On Live-In Aides And Fair Housing

by 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

DOJ Settles FHA Cases Alleging Sexual Harassment And Announces New Initiative To Fight Sexual Harassment

by Fox Rothschild LLP on

The Department of Justice (DOJ) recently announced that it has settled a handful of cases in which plaintiffs made allegations of sexual misconduct under the Fair Housing Act (FHA) and resulting discrimination. In one case,...more

What Can Happen If A Builder Only Wants To Sell Homes To Members Of One Religion?

by Fox Rothschild LLP on

A real world example of developing a community without knowledge of or procedures to comply with the Fair Housing Act (FHA) is on display in Maryland right now. A developer started work on a community (with just under 60...more

U.S. District Court Issues Important Emotional Support Animal Medical Verification Opinion

by Fox Rothschild LLP on

I have written in this space (and elsewhere) about the difficulties encountered by professional apartment management companies in the face of emotional support animal medical verifications from residents that are purchased...more

Single Women Buy More Homes, Earn Less Equity

For over 35 years, single women have consistently purchased more homes than their single male counterparts. Despite this trend, Redfin recently found that single women homeowners earn less home equity from their homes than...more

Appellate Court Describes Elements Of FHA Retaliation Claim

by Fox Rothschild LLP on

In a case involving the Americans With Disabilities Act (ADA), the U.S. Court of Appeals for the Seventh Circuit issued a new opinion which details the elements of a retaliation cause of action under the Fair Housing Act...more

State Authorizes Rental Inclusionary Housing Requirements

by Perkins Coie on

One of the 15 housing-related bills signed recently by Governor Brown could have especially significant implications for market-rate, residential rental projects in many jurisdictions, as the new legislation, AB 1505, will...more

CFPB Finalizes Alignment of Regulations B and C on Consumer Ethnicity and Race Information

by Ballard Spahr LLP on

On September 21, the CFPB finalized its proposal to amend Regulation B requirements related to collection of consumer ethnicity and race information, in order to resolve the differences between Regulation B and revised...more

DOJ Issues Annual Report To Congress On 2016 ECOA/FHA/SCRA Enforcement Activities

by Ballard Spahr LLP on

The Department of Justice’s Civil Rights Division has issued its annual report to Congress regarding its activities to enforce the ECOA, FHA and SCRA. The report covers 2016 activities that would have taken place under the...more

Bill To Amend The Fair Housing Act Introduced In Congress

by Fox Rothschild LLP on

In an effort to strengthen protections in the federal Fair Housing Act (FHA) against sexual harassment, a member of the U.S. House of Representatives from Michigan introduced a bill earlier this month to further define sexual...more

Timelines For Responding To Reasonable Accommodation Requests

by Fox Rothschild LLP on

In response to a question, here is a short Fair Housing Act (FHA) primer on the timeline for responding to reasonable accommodation or reasonable modification requests. Under our FHA, “discrimination” includes “a refusal to...more

DOJ Settles Familial Status Fair Housing Act Case For $95,000

by Fox Rothschild LLP on

Last week, the U.S. Department of Justice (DOJ) announced that it settled yet another Fair Housing Act (FHA) case, this time for a total of $95,000. In a case from Washington state, the owners/managers of three apartment...more

DOJ Settles Disability Discrimination Fair Housing Act Case For $125,000

by Fox Rothschild LLP on

Last month, the U.S. Department of Justice (DOJ) resolved a Fair Housing Act (FHA) case against a New York based property management company in which the government asserted the defendants discriminated against a prospective...more

Issues With Online Emotional Support Animals Medical Verifications

by Fox Rothschild LLP on

The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve all legitimate reasonable...more

DOJ Settles Sexual Harassment Fair Housing Act Lawsuit For $600,000

by Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) recently announced that it settled a Fair Housing Act (FHA) discrimination lawsuit with the owners/managers of more than 70 residential properties in West Virginia to resolve allegations...more

Report: African-American home ownership lagging behind white counterparts

by GableGotwals on

Lauren and Brandon Oldham didn’t want to leap blindly into homeownership. So they took a series of baby steps over several years, contemplating how best to prepare themselves for the biggest financial commitment of their...more

Living with the Robust Causality Requirement for Disparate Impact Under the Fair Housing Act

by Baker Donelson on

Two recent decisions from the Ninth Circuit Court of Appeals shine some light on the issue related to the United States Supreme Court's 2015 decision that under the Fair Housing Act recognized a right to seek disparate impact...more

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

DOJ Settles Race And National Origin Fair Housing Act Case For $70,000

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Justice (DOJ) settled a Fair Housing Act (FHA) case filed in Massachusetts for $70,000 in which the Complainants asserted discrimination based on race and national origin. As a...more

What Is The “Mrs. Murphy” Exception To The Fair Housing Act?

by Fox Rothschild LLP on

I get this question about exemptions to the Fair Housing Act (FHA) regularly, so I thought I would provide a refresher on the “Mrs. Murphy” exception to the FHA. At the outset, please know that apartment community owners,...more

HUD/Fair Housing After Six Months Of The Trump Administration

by Fox Rothschild LLP on

While I always try to avoid political commentary here at the Fair Housing Defense Blog (as the reader comments can be, shall we say, colorful), I wanted to note a couple of housing related points with the Trump Administration...more

HUD Announces National Origin And Familial Status Fair Housing Case Settles For $20,000

by Fox Rothschild LLP on

The U.S. Department of Housing and Urban Development (HUD) recently announced that it settled another fair housing case, this one for $20,000, to resolve allegations of discrimination based on national origin and familial...more

Being “Neighborly” Isn’t Just a Good Idea – It’s the Law

by Hellmuth & Johnson PLLC on

Those of us of a “certain age” know exactly what a speaker means when she says, “She’s the ‘Mrs. Kravitz’ of the neighborhood.” For those too young to appreciate the reference, “Mrs. Kravitz” was a character in the sitcom...more

HUD Approves $20,500 Assistance Animal Fair Housing Settlement

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability...more

Dodd-Frank News - Summer 2017

by Burr & Forman on

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

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