News & Analysis as of

Landlords Housing Discrimination

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...

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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

Lowndes

Property Owner Considerations Around Electric Vehicle Bans

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The Canadian Broadcasting Corp. recently reported that Oberon Development Corp., a Toronto property management company and apartment project owner, banned the use and storage on its properties of electric vehicles like cars,...more

Jackson Lewis P.C.

New York City Law Against Body-Size Discrimination: What the Residential Real Estate Industry Needs to Know

Jackson Lewis P.C. on

New York City’s legislation amending the New York City Human Rights Law, Local Law 61 of 2023, prohibits discrimination based on a person’s height or weight in employment, housing, and public accommodations. The new law took...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

BCLP

Longer Leases, Lower Ground Rents and Leasehold Liberation: Residential Reforms in the King’s Speech Explained

BCLP on

The King’s speech announced a new Leasehold and Freehold Reform Bill ‘to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of...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!

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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

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

Ballard Spahr LLP

Maryland federal court dismisses putative class action alleged age-related discrimination by landlords based on targeted Facebook...

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A Maryland federal district court has dismissed a putative class action lawsuit filed against nine companies that manage apartment buildings in the Washington, D.C. area by a 55-year old prospective tenant who alleged the...more

Fox Rothschild LLP

Answering Fair Housing Defense Blog Reader Questions/Comments

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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

Carlton Fields

Gov. DeSantis Signs Law to Address Emotional Support Animals in Housing

Carlton Fields on

On June 24, Gov. Ron DeSantis signed Senate Bill 1084 into law, prohibiting housing discrimination for people with a disability-related need for an emotional support animal (ESA)....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

Chambliss, Bahner & Stophel, P.C.

Lawmakers Starting to Combat Discrimination Against Tenants Who Receive Housing Aid 

In theory, Section 8 vouchers should provide opportunities for low-income people, including many people with disabilities, to move into middle class neighborhoods. In practice, people with Section 8 vouchers are largely...more

Fox Rothschild LLP

HUD Files Racial Discrimination FHA Claim Against Texas Landlords

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Last month, the U.S. Department of Housing & Urban Development (HUD) announced it charged two landlords in Texas with racial discrimination under the federal Fair Housing Act (FHA). In the charge, HUD alleged that the...more

Whitman Legal Solutions, LLC

A Concert Hall for Every Ensemble and an Apartment for Every Family

Concert halls come in many sizes to accommodate different types of performers and different sizes of audiences. At Carnegie Hall, there is the famed Isaac Stern Auditorium/Perelman Stage, which seats more than 2,800....more

Fox Rothschild LLP

California Familial Status, Marital Status, And Sexual Orientation Housing Discrimination Case Settles For $15,000

Fox Rothschild LLP on

Highlighting the interplay between the federal Fair Housing Act (FHA) and state anti-discrimination laws, earlier this year the California Department of Fair Employment and Housing (DFEH) announced it resolved a housing...more

Fox Rothschild LLP

HUD Files Fair Housing Charge Asserting Discrimination Against A Family With Children

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Last week, the U.S. Department of Housing & Urban Development (HUD) stated it decided to charge the owners/manager of a rental home in Idaho with violation of the familial status discrimination provision in the Fair Housing...more

Morrison & Foerster LLP - MoFo+

MoFo Takes a Stand Against Housing Discrimination

MoFo pro bono lawyers, along with organizations like the Equal Rights Center (ERC) and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (WLC), are trying to put an end to housing discrimination in all its...more

Sheppard Mullin Richter & Hampton LLP

Transgender Discrimination Outlawed in New York

On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA), which prohibits discrimination based on gender identity or expression. Under the law, “gender identity...more

Fox Rothschild LLP

California Settles Housing Discrimination Case Brought By Military Family

Fox Rothschild LLP on

As professional apartment management employees and property owners, we need to remember that governmental agencies (such as the U.S. Department of Housing and Urban Development as well as state, city, and/or county...more

Fox Rothschild LLP

What Is The “Mrs. Murphy” Exception To The Fair Housing Act?

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

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