News & Analysis as of

Housing Discrimination

HUD Resolves Fair Housing Case Against The State Of Maryland For $225,000

by Fox Rothschild LLP on

Pursuant to an agreement announced last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a discrimination complaint filed by local housing advocacy groups against Maryland’s...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

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 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

New Transgender Identity and Expression Regulations (July 1, 2017)

In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations regarding transgender identity and expression in the workplace. The regulations become effective July 1, 2017....more

Hot Off The Press! DFEH’s Annual Report

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s Department of Fair Employment and Housing has just issued its Annual Report on civil rights complaints during 2016. Here are some highlights....more

Lending Industry Take Note: U.S. Supreme Court Rules on Scope of Right to Sue Under Federal Fair Housing Act

by Partridge Snow & Hahn LLP on

A city’s lawsuit against various banks under the federal Fair Housing Act (“FHA”) to recover property tax revenues allegedly lost due to discriminatory lending practices has survived . . . for now. In a recent decision, the...more

California Residential Leases: Ten Things to Know (Part 1)

by McManis Faulkner on

Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 1 of a two-part series listing ten important rights and responsibilities every...more

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

by Pepper Hamilton LLP 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

In Case You Missed It: A Recap of Recent HUD Activity

by Ballard Spahr LLP on

HUD has been quite active this month publishing a variety of new rules and housing notices. The following is a list of some of HUD’s most recent guidance. For certain public housing authorities (PHAs) with less than 250...more

HUD expands fair housing liability to include LEP discrimination

by 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

HUD Expands Fair Housing Protections

by 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

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

by Ballard Spahr LLP on

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

by Ballard Spahr LLP on

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

Northern Texas District Court Dismisses Fair Housing Disparate Impact Claim

by Ballard Spahr LLP on

A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Do Your Housing Policies Expose You to Liability?

The Fair Housing Act prohibits discrimination in housing rental or conditions based upon protected classes, such as race, sex, religion, and, importantly, familial status. In assessing whether a housing provider...more

HUD Releases Guidance on Criminal Background Checks by Housing Providers

by Holland & Knight LLP on

The U.S. Department of Housing and Urban Development (HUD) on April 4, 2016, issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations....more

HUD Releases Guidance on Fair Housing and Criminal Screening in Private Housing

by Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more

HUD Determines That Blanket Bans of Ex-Offenders is Illegal Under the Fair Housing Act

On April 4, 2016, the U.S. Department of Housing and Urban Development (“HUD”) issued guidance on its interpretation of how the Fair Housing Act applies to housing providers’ policies that ban residents with criminal records....more

HUD publishes state tool for AFFH

by Ballard Spahr LLP on

Last week, HUD is scheduled to publish its proposed tool for affirmatively furthering fair housing (AFFH) for use by states and insular areas as they implement the new AFFH rule. Public comment is solicited for 60 days....more

Transgender Individuals to Gain Protection under New York State Law

On October 22, 2015, at the Pride Agenda Dinner, Governor Cuomo announced that he plans to extend protections against discrimination in employment, housing and public accommodations to transgender individuals. The New York...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

by Carlton Fields on

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

Eleventh Circuit Further Widens the Reach of the Fair Housing Act

by Baker Donelson on

The city of Miami brought an action against multiple lenders claiming their practices were discriminatory and in violation of the FHA, resulting in a disproportionate and excessive number of defaults and subsequent...more

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 2 of 3)

by Pullman & Comley, LLC on

This is the second article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones...more

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