News & Analysis as of

Rental Property Department of Housing and Urban Development

Troutman Pepper

HUD Issues Guidance on Applicability of the Fair Housing Act to Tenant Screening and Housing-Related Advertising That Relies Upon...

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On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and...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

Troutman Pepper

HUD Issues Rulemaking Amending Regulations Governing Admission to Public Housing for Applicants with Criminal Records

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Last week, the U.S. Department of Housing and Urban Development (HUD) issued a Notice of Proposed Rulemaking, seeking public comment on its proposal to amend existing regulations that govern admission to public housing and...more

Lowndes

Orange County's AMI Jumps to $90,400 in 2024: What It Means for Affordable Housing

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The Department of Housing and Urban Development (HUD) recently announced the 2024 Area Median Income (AMI) and Rent Limits for counties statewide. These numbers are impactful on a number of levels, but are extremely important...more

Whitman Legal Solutions, LLC

HUD Proposes Tenant Eviction Notice Rule

In the real estate field, surprises are less welcome. Owners expect tenants to pay their rent and follow lease requirements, and tenants expect owners to maintain rental units and common areas and to provide the agreed...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

Orrick, Herrington & Sutcliffe LLP

Biden Administration and Agencies take action to protect renters

On July 27, the Biden Administration released a fact sheet detailing new actions to develop the  Blueprint for a Renters Bill of Rights, which was rolled out early this year (covered by InfoBytes here). The three new actions...more

Ballard Spahr LLP

HUD Releases Supplemental RAD Notice

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Summary - Recently, the U.S. Department of Housing and Urban Development (HUD) released its highly anticipated Supplement to the RAD Notice (Supplement), which makes a number of changes to the current Rental Assistance...more

Orrick, Herrington & Sutcliffe LLP

Biden administration, HUD tackle rental-housing fees

On July 19, the White House released a Fact Sheet announcing that the Biden-Harris administration is cracking down on junk fees in rental housing to lower costs for renters. The administration explained how rental housing...more

Hudson Cook, LLP

White House Consumer Fee Focus Turns to Rental Housing Fees, Disclosures

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The White House today brought attention to new state laws and voluntary industry practices that limit fees charged to renters and increase the transparency of those fees, noting the burden such fees impose on American...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

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

Orrick, Herrington & Sutcliffe LLP

DOJ, HUD say Fair Housing Act extends to algorithm-based tenant screening

On January 9, the DOJ and HUD announced they filed a joint statement of interest in a pending action alleging discrimination under the Fair Housing Act (FHA) against Black and Hispanic rental applicants based on the use of an...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

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need to Know - April 2022

LOCKOUTS- Can I be locked out of my home for failing to pay rent during the COVID-19 pandemic? Maybe. Whether you can qualify for protection from eviction depends on your household income and your completion of a sworn...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need to Know - October 2021 #2

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As of October 26, 2021- LOCKOUTS- Can I be locked out of my home during the ongoing COVID-19 emergency? Maybe. Whether you can qualify for protection from eviction depends on your household income and your completion...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need to Know (Spanish) - October 2021

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DESALOJOS RESIDENCIALES: LO QUE LOS INQUILINOS DEBEN SABER- Al 26 de octubre de 2021- IMPEDIMENTO DE ACCESO- ¿Pueden impedirme el acceso a mi domicilio durante la emergencia sanitaria por la COVID-19?...more

Whitman Legal Solutions, LLC

It’s the End of the CDC Eviction Moratorium–What’s Next?

Early in the pandemic, there was a patchwork of federal, state, and local eviction moratoriums, so not all rental housing was covered by a moratorium. On September 4, 2020, the CDC issued an order declaring a national...more

Dentons

Bill preventing and striking down so-called source of income ordinances signed by Governor

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United States: Under the new law, cities and counties cannot adopt or enforce ordinances that require landlords to accept federal housing vouchers. On Friday, April 30, Governor Reynolds signed into law SF252, a bill...more

Lowenstein Sandler LLP

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

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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

Dentons

Bill Relating to Source of Income Moves Through Iowa Legislature

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On Wednesday, February 17, SF252, a bill relating to how landlords treat sources of income in their tenant and applicant decisions, passed the Senate. The bill now moves on to the House....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

WilmerHale

President Biden’s Memorandum on Housing Discrimination

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On Tuesday, January 26, President Biden signed a memorandum on discriminatory housing practices and policies. The memorandum is one of a series of recent executive actions focused on racial equity, representing the...more

Ballard Spahr LLP

HUD Extends Foreclosure and Eviction Moratoriums

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In Mortgagee Letter 2020-43, dated January 21, 2021, the U.S. Department of Housing and Urban Development (HUD) extended the foreclosure and eviction moratoriums for FHA insured single-family loans from February 28, 2021 to...more

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