News & Analysis as of

Fair Housing Act (FHA) Housing Discrimination

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Rules that Municipal Ordinance Restricting Ownership to Individuals Over 55 Violates Fair Housing Act and NJ...

On July 31, 2024, the New Jersey Appellate Division issued its ruling in New Jersey REALTORS® v. Township of Berkeley, upholding a trial court’s decision invalidating a municipal ordinance requiring that the owners of units...more

Ballard Spahr LLP

HUD Charges Appraiser, Appraisal Management Company, and Lender with Race Discrimination

Ballard Spahr LLP on

The Department of Housing and Urban Development (HUD) recently charged multiple entities with housing discrimination based on an asserted biased appraisal and denial of a mortgage refinance loan application based on the...more

Ballard Spahr LLP

HUD Enters Conciliation Agreement with the Appraisal Foundation to Curb Discrimination in the Industry

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) announced that it has entered into an historic Conciliation Agreement (Agreement) with The Appraisal Foundation (TAF), an organization responsible for setting...more

Troutman Pepper

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

Troutman Pepper on

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

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

Jackson Lewis P.C.

Fair Housing Training: Key Real Estate Industry Compliance Tool to Raise Awareness, Enhance Communication

Jackson Lewis P.C. on

Property management, real estate brokerages, agents, their employees, and others involved in the real estate industry should consider implementing comprehensive fair housing training programs on a regular and consistent basis...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

Orrick, Herrington & Sutcliffe LLP

Challenge to HUD fair housing rule denied

On September 19, the U.S. District Court for the District of Columbia denied a motion for summary judgment from the National Association of Mutual Insurance Companies arguing that the Department of Housing and Urban...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

Troutman Pepper

The Latest on HUD's Disparate Impact Rule - The Consumer Finance Podcast

Troutman Pepper on

Please join Troutman Pepper Partner Chris Willis and his colleagues Lori Sommerfield and Leigh Poltrock as they discuss HUD's ever-changing disparate impact rule. Topics include an analysis of the rule's many versions over...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

McGlinchey Stafford

HUD Restores 2013 Discriminatory Effects Rule

McGlinchey Stafford on

On March 17, 2023, in honor of Fair Housing Month, the U.S. Department of Housing and Urban Development (HUD) announced it would reinstate the 2013 discriminatory effects rule (the 2013 Rule) (see 24 C.F.R. § 100.500 (2014))...more

Burr & Forman

HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

Burr & Forman on

Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or...more

ArentFox Schiff

Reinstated HUD Rule Makes It Harder for Insurers To Defend Fair Housing Act Discrimination Claims

ArentFox Schiff on

On March 17, 2023, the US Department of Housing and Urban Development reinstated a 2013 discriminatory effects rule regarding liability under the Fair Housing Act (42 U.S.C. 3601 et seq.). In doing so, HUD rescinded a 2020...more

Goodwin

HUD Announces Final Rule Restoring 2013 Discriminatory Effects Standard

Goodwin on

On March 17, the U.S. Department of Housing and Urban Development (HUD) announced that it had submitted a Final Rule entitled Restoring HUD’s Discriminatory Effects Standard. The Rule reinstates HUD’s 2013 discriminatory...more

Ballard Spahr LLP

HUD Reinstates 2013 Fair Housing Act Disparate Impact Rule

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) recently issued a final rule reinstating the 2013 version of its disparate impact rule under the Fair Housing Act (Act) to replace a version of the rule adopted by...more

Troutman Pepper

HUD Announces Restoration of 2013 Version of “Discriminatory Effects” Rule

Troutman Pepper on

On March 17, the U.S. Department of Housing and Urban Development (HUD) announced that it is rescinding its 2020 rule governing Fair Housing Act (FHA) disparate impact claims and restoring its 2013 discriminatory effects rule...more

Orrick, Herrington & Sutcliffe LLP

HUD proposes streamlined AFFH rule

Recently, HUD announced plans to publish a notice of proposed rulemaking (NPRM) entitled “Affirmatively Furthering Fair Housing” (AFFH). The new rule will update a 2015 final rule that was intended to implement the Fair...more

Hudson Cook, LLP

CFPB Bites of the Month - January 2023 - May Old Compliance Acquaintances be Forgot

Hudson Cook, LLP on

In this month's article, we share some of our top "bites" for the prior month covered during the January 18, 2023, webinar. Bite # 8: The CFPB Publishes Civil Penalty Inflation Adjustments Rule in Federal Register - ...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

Perkins Coie

Gentrification Not a Valid Basis For Fair Housing Act Claim

Perkins Coie on

A claim of disparate impact based on gentrification in predominantly minority communities is not cognizable under the Fair Housing Act. Crenshaw Subway Coalition v. City of Los Angeles, 75 Cal.App.5th 917 (2022). A...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

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