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Discrimination › Landlords

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Stark & Stark

Recent NJ Appellate Division Offers Guidance on Sexual Harassment of Non-Employees

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The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

Shumaker, Loop & Kendrick, LLP on

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

Cozen O'Connor

Broad Street Brief: New Affordable Housing Development Coming to Grays Ferry, Point Breeze; Landlord Sued by Federal Government...

Cozen O'Connor on

New Grays Ferry, Point Breeze Affordable Housing Development Made Possible by City’s Neighborhood Preservation Initiative- On Monday, city workers and elected officials broke ground on a new development project that will...more

Cozen O'Connor

Are “Fair Chance” Housing Ordinances an Unconstitutional Infringement on Landlords’ Rights?

Cozen O'Connor on

We continue to monitor legislation affecting the residential landlord-tenant relationship and note here that “fair chance” housing ordinances are emerging in cities across the nation, including Seattle, Minneapolis, and...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

Bradley Arant Boult Cummings LLP on

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

Shumaker, Loop & Kendrick, LLP

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

Shumaker, Loop & Kendrick, LLP on

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

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 expands fair housing liability to include LEP discrimination

Ballard Spahr LLP on

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

Ballard Spahr LLP

HUD Expands Fair Housing Protections

Ballard Spahr LLP on

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

Dentons

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

Dentons on

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

Polsinelli

ADA Compliance: Landlords, You're On the Hook

Polsinelli on

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...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

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

Pillsbury Winthrop Shaw Pittman LLP on

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

Brooks Pierce

Fourth Circuit On LLC Law And Fried Chicken And Waffles

Brooks Pierce on

The Fourth Circuit doesn't get into matters of LLC law very often, but it did last week in Painter's Mill Grille, LLC v. Brown. The LLC and its members were suing their landlord for discriminating against them on the basis of...more

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