News & Analysis as of

Property Managers Reasonable Accommodation

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

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

Fox Rothschild LLP

HUD Charges Wisconsin Property Owner/Manager With Disability Discrimination Related To An Assistance Animal

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Pursuant to a release issued last week, the U.S. Department of Housing & Urban Development (HUD) stated it charged the owner and manager of apartment homes in Wisconsin with housing discrimination for allegedly refusing to...more

Fox Rothschild LLP

HUD Settles Disability Housing Discrimination Case For Approximately $11,000

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Last week, the U.S. Department of Housing and Urban Development (HUD) announced resolution of a housing discrimination case from California for just under $11,000. The complainants are a family with a child who has a...more

Fox Rothschild LLP

Federal Court Concludes Social Security Disability Should Count As Income Under The Fair Housing Act

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In a decision published earlier this month, the U.S. Court of Appeals for the Eighth Circuit concluded that a disabled plaintiff has the ability to file a complaint under the federal Fair Housing Act (FHA) against a property...more

Fox Rothschild LLP

How Long Is “Reasonable” When Responding To A Reasonable Accommodation Or Reasonable Modification Request

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Last week, I got a demand letter from counsel for a resident concerning a reasonable accommodation request. That’s fine as they come in all the time. At the end of the letter, counsel demanded that we respond within three...more

Fox Rothschild LLP

HUD Resolves California Emotional Support Animal FHA Case For $8,500

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On October 11, 2018, the U.S. Department of Housing and Urban Development (HUD) announced that a disability discrimination claim from California settled for $8,500. The agreement resolved a complaint filed by a resident with...more

Fox Rothschild LLP

Some Thoughts On Financial Accommodations Designed As Reasonable Accommodations

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Three properties I represent (two on the west coast and one on the east coast) are currently involved with residents who separately have submitted reasonable accommodation requests to their respective leasing offices. All...more

Fox Rothschild LLP

HUD Resolves Disability Discrimination FHA Case For $12,000

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Last week, the U.S. Department of Housing & Urban Development (HUD) announced settlement of a disability discrimination Fair Housing Act (FHA) case from San Francisco, CA. A family filed a fair housing complaint asserting...more

Fox Rothschild LLP

This Is The First Step Necessary To Qualify For A Reasonable Accommodation Or Reasonable Modification

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I have been watching a curious trend. As written in this space (and elsewhere), many apartment residents and applicants submit requests for reasonable accommodations (changes in rules or a polies) or reasonable modifications...more

Fox Rothschild LLP

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

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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

Fox Rothschild LLP

HUD Settles Disability Discrimination FHA Case For $11,000

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Last week, the U.S. Department of Housing & Urban Development (HUD) announced that it settled a fair housing case alleging disability discrimination involving a live-in aid. Specifically, HUD reached an agreement with the...more

Fox Rothschild LLP

Questions Management Cannot Ask When A Resident Seeks A Reasonable Accommodation Or Reasonable Modification

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As apartment management company employees review and evaluate reasonable accommodation and reasonable modification requests, there are many times in which the leasing office believes it needs supplemental information in order...more

Holland & Knight LLP

West Coast Real Estate Update - April 2017 #2

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California Assembly Member Proposes Bill to Limit Abuse of Service Animal Accommodations - As dogs have transitioned from children's backyard playmates to must-have accessories while their owners are shopping or dining,...more

Allen Matkins

Five Holiday Season Tips for Retail Landlords - Updated

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The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...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

Sherman & Howard L.L.C.

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

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