News & Analysis as of

Department of Housing and Urban Development Landlords

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

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

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

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

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

Lowenstein Sandler LLP on

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

Lowenstein Sandler LLP on

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

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need to Know - October 2021

Lowenstein Sandler LLP on

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 of a sworn...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

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

ArentFox Schiff

Investigations Newsletter: Pharmacy Owner and Accountant Indicted in $134m Health Care Fraud Scheme

ArentFox Schiff on

Pharmacy Owner and Accountant Indicted in $134m Health Care Fraud Scheme - Mohamed Mokbel and Fathy Elsafty, of Houston, Texas, were arrested on charges of money laundering, health care fraud, and conspiracy to commit...more

Dentons

Bill Relating to Source of Income Moves Through Iowa Legislature

Dentons on

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

Ballard Spahr LLP

HUD Extends Foreclosure and Eviction Moratoriums

Ballard Spahr LLP on

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

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

Alston & Bird

The Federal Moratorium On Residential Evictions Faces Constitutional Challenge

Alston & Bird on

A&B ABstract: Landlords in Tennessee have challenged the order of the Centers for Disease Control and Prevention (“CDC”) that imposed a nationwide moratorium on certain residential evictions. If sustained, the challenge could...more

Bilzin Sumberg

Legal Challenges Greet New Moratorium on Residential Evictions, Foreclosures

Bilzin Sumberg on

On September 4, the Centers for Disease Control (CDC) imposed a moratorium on residential foreclosures and evictions through the end of this year. The move quickly followed comments by the Trump administration that it would...more

Fox Rothschild LLP

Some Additional COVID-19 Related Questions And Answers

Fox Rothschild LLP on

A couple of (well, four) quick pandemic-centric questions today: 1.As we have all seen over the past few months, some amenities at apartment communities (gyms, pools, fitness centers, community rooms, games rooms, and the...more

Dentons

State and Federal Developments for Iowa Landlords

Dentons on

As I reviewed earlier, the federal eviction moratorium expired on July 25, allowing landlords in covered properties to begin the process of evicting nonpaying tenants. Since then, Congress has discussed a possible renewal of...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

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