News & Analysis as of

Fair Housing Act (FHA) Housing Developers

Mandelbaum Barrett PC

New Jersey Introduces Accelerated Depreciation for Affordable Housing

Mandelbaum Barrett PC on

In a bid to incentivize the development of affordable housing, New Jersey has implemented a significant policy change. Effective from the tax year beginning on January 1, 2025, the state now offers accelerated depreciation...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Enacts Landmark Legislation to Overhaul Affordable Housing Laws

On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance...more

Perkins Coie

Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act

Perkins Coie on

A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the...more

Obermayer Rebmann Maxwell & Hippel LLP

Homes, HOAs & Harmony?

Homeowners associations, commonly referred to as HOAs, are becoming increasingly popular in many residential communities due to the draw of various amenities and the orderly aesthetic of the homes. An HOA is an organization...more

Allen Matkins

Sustainable Development and Land Use Update - April 2021 #2

Allen Matkins on

Biden administration to reinstate fair-housing policies, including one designed to combat residential segregation - MarketWatch – April 13 - The Biden administration commenced efforts to roll back changes to two key...more

Winstead PC

Revisions to Unit Boundaries for Detached Condominiums

Winstead PC on

On June 10, Governor Abbott signed House Bill 2569 (the “Bill”), relating to condominium unit boundaries. For more than a decade, Texas builders and developers have used the condominium process to create “detached”...more

Fox Rothschild LLP

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

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

Manatt, Phelps & Phillips, LLP

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

Ballard Spahr LLP

New report offers toolkit for inclusionary housing programs

Ballard Spahr LLP on

The Lincoln Institute of Land Policy recently released “Inclusionary Housing: Creating and Maintaining Equitable Communities,” a new report on the use of government policies that tie the creation of affordable housing to...more

Adams and Reese LLP

Supreme Court Takes on Housing Discrimination

Adams and Reese LLP on

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor...more

Cohen Seglias Pallas Greenhall & Furman PC

Disparate Impact is Here to Stay: What the Supreme Court's Decision Means for the Multi-Family Industry

On June 25, 2015, Justice Kennedy delivered the Supreme Court’s decision in Texas v. Inclusive Communities Project. In the case, the Court determined that the Fair Housing Act of 1968 includes disparate impact claims. Prior...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

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

Faegre Drinker Biddle & Reath LLP

Developers: Beware of Disparate Impact After Supreme Court Ruling

Following the Supreme Court’s decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, state agencies and real estate developers should carefully consider the effects of their low-income...more

Ballard Spahr LLP

HUD Adopts New Accessibility Standard

Ballard Spahr LLP on

On May 23, the U.S. Department of Housing and Urban Development (HUD) announced its adoption of an alternative accessibility standard for construction and alteration of housing and other facilities subject to Section 504 of...more

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