News & Analysis as of

Fair Housing Act (FHA)

HUD Files Racial Discrimination FHA Case In Mississippi

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing & Urban Development (HUD) announced that it charged the owner and manager of a trailer park in Mississippi (with seven lots on 1.25 acres of land, each with water and utility...more

3rd Circuit Reopens FCA Suit Over Pittsburgh’s Use of Federal Funds

by Weiner Brodsky Kider PC on

A three-judge panel of the U.S. Court of Appeals for the Third Circuit recently decided in a non-precedential opinion that a District Court judge erred in dismissing too quickly a False Claims Act (FCA) case in which fair...more

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

Emotional Support Animal – Even The FHA Has Limits

by Husch Blackwell LLP on

A unit owner claimed that she needed an emotional support animal because of a disability, and provided a doctor’s note to the condominium association supporting this need. The unit owner selected a dog as the emotional...more

Fair Housing Act Turns 50 and Continues to Evolve

Musicians need to practice their instruments, both to learn music and to hone their craft. A beginner’s practice might be difficult to listen to, but beginners usually do not practice for a long time. Professional musicians...more

These Types Of Housing Are Covered Under The Fair Housing Act. And These Types Of Housing Are Not.

by Fox Rothschild LLP on

If you are an apartment management professional, it is good practice to presume your community is covered under our federal Fair Housing Act (FHA) as well as its state (and/or city or county counterpart). Indeed, under the...more

Assistance Animals And Guests? Here Are Some General Guidelines.

by Fox Rothschild LLP on

I have used this space (and elsewhere) to discuss various issues involving service and emotional support animals for apartment community residents. Included in that, of course, is that management must make a reasonable...more

S.2155 Does Not Facilitate Discriminatory Lending

by Ballard Spahr LLP on

In a blog post entitled “How S.2155 (the Bank Lobbyist Act) Facilitates Discriminatory Lending” Professor Adam Levitin claimed that “This bill functionally exempts 85% of US banks and credit unions from fair lending laws in...more

Road Block Lifted: Affordable Housing Actions Will Proceed In NJ Post Mercer Decision

by Fox Rothschild LLP on

New Jersey towns can no longer hide behind the stalled Mount Laurel process. On March 8, 2018, Judge Mary Jacobson established the methodology that judges will rely upon to calculate a town’s affordable housing obligation...more

You Can’t Simply Look The Other Way—New HUD/FHA Rules That Affect Your Associations

by Husch Blackwell LLP on

There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules...more

Credit Screen? Check. Criminal Background Screen? Check? Immigration Status Screen? Think Again.

by Fox Rothschild LLP on

Acting pursuant to state law, the New York Division of Human Rights initiated a complaint against a property manager in New York City alleging discrimination against individuals based on their immigration status. The...more

Hot Topics from the Community Association Institute's Law Seminar

by Ward and Smith, P.A. on

Each year, the Community Association Institute ("CAI") assembles the top community association attorneys from around the country to participate in its Community Association Law Seminar, an education and networking event that...more

Are There Exemptions To The FHA’s Design And Construction Requirements For New Multifamily Housing?

by Fox Rothschild LLP on

A Fair Housing Defense blog reader asked me for some guidance on the design and construction requirement for new apartment communities (and if there are exceptions to these requirements). While this is a topic that is better...more

Virginia Offers Guidance For Confirming That Medical Verifications For Emotional Support Animals Are Legitimate

by Fox Rothschild LLP on

It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have...more

Housing group announces settlement of FHA lawsuit alleging insurance-related discrimination

by Ballard Spahr LLP on

The National Fair Housing Alliance (NFHA) has announced a settlement in its lawsuit against Travelers Indemnity Company in which it alleged that Travelers engaged in discriminatory conduct in violation of the Fair Housing Act...more

HUD Awards $37 Million to Fair Housing Organizations to Fight Housing Discrimination

by Weiner Brodsky Kider PC on

The U.S. Department of Housing and Urban Development (HUD) announced that it is awarding $37 million to more than 150 national and local fair housing organizations to fight housing discrimination under its Fair Housing...more

Financial Services Weekly News - February 2018

by Goodwin on

Editor's Note - In This Issue. State regulators agreed to a multistate compact to standardize key components of the licensing process for money services businesses (MSBs); the Board of Governors of the Federal Reserve...more

Medical Marijuana, Reasonable Accommodation Requests, And The Fair Housing Act

by Fox Rothschild LLP on

Each year it seems that a growing number of states approve the use of medical marijuana (and/or loosen restrictions on the use of marijuana more generally). To that end, professional apartment management will likely receive...more

DOJ Investigates FHA Loans Issued by Florida-Based Mortgage Subsidiary

by Goodwin on

On January 25, 2018, a Florida-based homebuilder filed its Form 10-K annual report with the Securities and Exchange Commission (SEC), disclosing that its “mortgage subsidiary has been subpoenaed by the United States...more

DOJ Announces False Claims Act Recoveries for 2017

by Weiner Brodsky Kider PC on

The Department of Justice (DOJ) recently announced recoveries of more than $3.7 billion from False Claims Act case settlements and judgments for the fiscal year ending September 30, 2017. Over $543 million of this amount was...more

HUD Announces Grants Of Over $37 Million To Combat Housing Discrimination

by Fox Rothschild LLP on

Earlier this week, the U.S. Department of Housing and Urban Development (HUD) sent out a press release noting that it awarded over $37 million (yes, $37 million) to combat housing discrimination under its Fair Housing...more

FHA Issues Instructions for Lenders regarding the Modification of Initial Mortgage Insurance Premium for HECM Refinance Cases

by Weiner Brodsky Kider PC on

On December 29, 2017, FHA posted on its website, Home Equity Conversion Mortgages (HECM) for Lenders, the formula for calculating the new Initial Mortgage Insurance Premium (IMIP) amount for HECM refinance cases....more

California Apartment Owner Pays $100,000 To Settle Emotional Support Animal Fair Housing Case

by Fox Rothschild LLP on

Many times the cases with what look like the most egregious set of facts are the ones that get the most publicity. To that end, a fair housing case in California just settled with the owner of several apartment complexes and...more

New York Passes Law To Criminalize Fraudulent Assistance Animal Requests

by Fox Rothschild LLP on

Joining a handful of other states, New York recently enacted a state law making it a criminal offense to misrepresent that someone has a service or emotional support animal. The new statute, effective December 18, 2017, makes...more

Financial Litigation Roundup: Key Federal Rulings in 2017

In case you missed it, here is our list of the most significant financial services rulings in 2017 from the Supreme Court of the United States and major federal appellate courts. While there were no decisions of overwhelming...more

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