News & Analysis as of

Landlords Fair Housing Act (FHA) Department of Housing and Urban Development

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

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

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 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

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

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

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

Fox Rothschild LLP

COVID Eviction Pause Update — Check With Your Local Court

Fox Rothschild LLP on

As written here and elsewhere, navigating traditional landlord/tenant legal matters during the past few months has been complicated. Management wants and needs to have compassion for all of our residents who have been...more

Lowndes

Emotional Support Animals: Do They Have To Live Here?

Lowndes on

Recognizing the drastic increase in the number of requests being made to housing providers for “emotional support animals” by residents who do not appear to be disabled, at the end of January, the U.S. Department of Housing...more

Holland & Knight LLP

West Coast Real Estate Update: August 27, 2019

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In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant,...more

Fox Rothschild LLP

HUD Files Racial Discrimination FHA Claim Against Texas Landlords

Fox Rothschild LLP on

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

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

Fox Rothschild LLP on

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

Shumaker, Loop & Kendrick, LLP

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...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

Fox Rothschild LLP

HUD Announces National Origin And Familial Status Fair Housing Case Settles For $20,000

Fox Rothschild LLP on

The U.S. Department of Housing and Urban Development (HUD) recently announced that it settled another fair housing case, this one for $20,000, to resolve allegations of discrimination based on national origin and familial...more

Troutman Pepper

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

Troutman Pepper on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

Ballard Spahr LLP

HUD expands fair housing liability to include LEP discrimination

Ballard Spahr LLP on

Last week, HUD issued new guidance confirming that persons with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA). LEP includes a limited ability to read, write, speak, or understand English. ...more

Ballard Spahr LLP

HUD Expands Fair Housing Protections

Ballard Spahr LLP on

People with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA) under new guidance announced by the U.S. Department of Housing and Urban Development (HUD). Housing providers can face liability for...more

Dentons

HUD’s Newly Published Guidelines and Warnings Regarding a Landlord’s Use of Criminal Records in Screening Potential Tenants

Dentons on

This article provides information in response to various questions that I (Jodie McDougal) have received over the past several months regarding the April 4, 2016, Memorandum (the “Memorandum”) published by the U.S. Department...more

Ballard Spahr LLP

HUD publishes new Fair Housing guidance on criminal background checks

Ballard Spahr LLP on

On Monday, HUD published new guidance for landlords conducting criminal background checks as a condition of renting housing. This guidance is applicable to all providers or operators of housing and real estate related...more

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