News & Analysis as of

Landlords Fair Housing Act (FHA)

Morris, Manning & Martin, LLP

Fostering LGBTQ Inclusivity in Rental Agreements: A Guide for Landlords

In recent years, the LGBTQ community has made significant strides towards equality and acceptance. However, despite these advancements, discrimination remains a harsh reality for many individuals, particularly in the realm of...more

Hudson Cook, LLP

"Reducing Barriers to HUD-Assisted Housing": HUD NPR for Use of Criminal History in Tenant Screening and Termination At...

Hudson Cook, LLP on

Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....more

Sherman & Howard L.L.C.

Miller v. Amos & Unfair Housing Practices as Affirmative Defense to Eviction

On February 20, 2024, the Colorado Supreme Court announced its opinion on Miller v. Amos, 2024 CO 11 (February 20, 2024) and held that defendants in forcible entry and detainer (“FED”) actions may assert violations of the...more

Whitman Legal Solutions, LLC

Marijuana Use and Fair Housing

This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more

Whitman Legal Solutions, LLC

Dialect Discrimination Violates the Fair Housing Act

Earlier this month, the Department of Housing and Urban Development (HUD) filed a Charge of Discrimination (Charge) alleging that landlord N. Clark LLC (Landlord) and its managing member Kathleen Cresson unlawfully...more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

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

Whitman Legal Solutions, LLC

Landlords Agree to $3 Million Settlement in California Housing Discrimination Case

Property manager Vasona Management, Inc., a (Manager) recently attempted to impose blanket prohibitions on children’s activities at nearly 50 California apartment complexes. The State of California Civil Rights Department...more

Rivkin Radler LLP

Landlord Beware!

Rivkin Radler LLP on

The New Jersey Division on Civil Rights (DCR), which addresses and prevents housing discrimination in New Jersey, has increased its enforcement measures over the past 18 months. The increase in enforcement coincides with a...more

Brownstein Hyatt Farber Schreck

D.C. Policymakers Take Aim at Tenant Screening Issues

This week the U.S. Department of Housing and Urban Development (HUD) announced plans for additional steps it plans to take related to criminal history screening. This comes on the heels of the Consumer Financial Protection...more

Whitman Legal Solutions, LLC

HUD Rules Landlord Doesn’t Qualify for Mrs. Murphy Exemption

Mrs. Waters is much like the fictional Mrs. Murphy in the fair housing field – a widow who rents rooms in a small boarding house where she also resides. The Fair Housing Act (FHA) prohibits housing discrimination, but...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Bradley Arant Boult Cummings LLP

Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial Harassment

On March 21, 2021, the United States Court of Appeals for the Second Circuit held en banc in Francis v. Kings Park Manor, Inc., et al. (Francis II) that landlords, who do not have discriminatory intent, are not liable under...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - UPDATED March 2021

Lowenstein Sandler LLP on

REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended...more

Whitman Legal Solutions, LLC

Landlords Must Allow Emotional Support Animals

Recently, the Department of Housing and Urban Development (HUD) filed a charge of discrimination claiming (Charge) claiming Missouri landlord Dahms Investments, L.L.C. (Dahms) violated the FHA by requiring a prospective...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - UPDATED November 2020

Lowenstein Sandler LLP on

REMOVALS- Can I be removed from my home as a result of a foreclosure proceeding during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which suspended...more

Bradley Arant Boult Cummings LLP

What Does CA AB 3088 Mean for Mortgage Servicers?

On September 1, 2020, California passed a new law titled the “COVID-19 Small Landlord and Homeowner Relief Act of 2020.” Although the majority of the new law addresses eviction issues between landlords and tenants, it imposes...more

Fox Rothschild LLP

Can Apartment Management Restrict Political Signs In Windows And On Doors? Read On.

Fox Rothschild LLP on

With the 2020 presidential election less than three months away, I had an interesting question hit my desk: can a property management company restrict residents from placing political signs on their exterior windows, doors,...more

Fox Rothschild LLP

Answering Fair Housing Defense Blog Reader Questions/Comments

Fox Rothschild LLP on

Catching up with some Fair Housing Defense reader email this week. With the caveat that this blog entry does not constitute legal advice, here we go: 1.Am I part of the problem? Sure hope not. A reader indicated that...more

Fox Rothschild LLP

COVID Eviction Pause Update — Check With Your Local Court

Fox Rothschild LLP on

As written here and elsewhere, navigating traditional landlord/tenant legal matters during the past few months has been complicated. Management wants and needs to have compassion for all of our residents who have been...more

Lowndes

Governor DeSantis Signs Bill Defining Emotional Support Animals and Criminalizing Their Falsification

Lowndes on

On the heels of the U.S. Department of Housing and Urban Development (HUD) issuing new guidance as to what it considers to be the best practices for housing providers when they are presented with requests for “emotional...more

Fox Rothschild LLP

COVID-19 And Housing Eviction Proceedings

Fox Rothschild LLP on

With just a few days left in May, apartment owners, management companies, and residents are set to deal with another month of rents due in a global pandemic. The good news (I hope) is that states are starting the process of...more

Fox Rothschild LLP

How The Next Set Of Pandemic Relief Efforts May Impact The Apartment Management Industry

Fox Rothschild LLP on

The United States Congress (as well as any number of state, city, and county legislatures) have been at work on various pandemic relief efforts (as they should be). As these efforts go forward, the apartment management...more

Fox Rothschild LLP

COVID-19: May 2020 Rent And Other Questions

Fox Rothschild LLP on

For many Americans who live in apartment homes, rent for May 2020 is due tomorrow. As noted earlier this month, a best guess is that around 70% of residents made their April 2020 rent payments on time. That is, of course, a...more

Moritt Hock & Hamroff LLP

Housing Discrimination & COVID-19

Over the next few months, landlords, real estate brokers, condominiums, and cooperatives (referred to as “housing providers” in this Alert) will likely face many issues and questions concerning their rights with respect to...more

Lowndes

Emotional Support Animals: Do They Have To Live Here?

Lowndes on

Recognizing the drastic increase in the number of requests being made to housing providers for “emotional support animals” by residents who do not appear to be disabled, at the end of January, the U.S. Department of Housing...more

48 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide