News & Analysis as of

Discrimination Landlords Fair Housing Act (FHA)

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Troutman Pepper Locke

Maryland Ramps Up Fair Housing Enforcement

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Maryland Attorney General (AG) Anthony G. Brown recently announced three settlements with real estate and property management companies, resulting in more than $310,000 in combined civil penalties and restitution. Brown...more

Miles & Stockbridge P.C.

Maryland Announces Fair Housing Settlements and Enforcement Actions

The Maryland Attorney General’s Office recently announced a series of fair housing enforcement actions, resulting in several major settlements with housing providers across the state....more

Cole Schotz

Fair Chance for Housing Act: What NYC Housing Providers Need to Know

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Effective January 1, 2025, New York City’s Fair Chance for Housing Act became law. The Fair Chance for Housing Act is designed to eliminate barriers for individuals with criminal conviction histories seeking housing. The...more

Holland & Knight LLP

New York City's Fair Chance Housing Law Restricts Criminal Background Checks

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New York City's Fair Chance for Housing Act (known as Local Law 24 or the Fair Chance Law) became effective on Jan. 1, 2025. The Fair Chance Law prohibits housing discrimination on the basis of a purchaser's or tenant's...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

Bradley Arant Boult Cummings LLP

Federal Appeals Court Holds that Landlord May Be Liable for Deliberate Indifference to Tenant-on-Tenant Discrimination

The United States Court of Appeals for the Seventh Circuit recently addressed a matter of first impression regarding landlord liability under the Fair Housing Act (FHA): whether a landlord may be liable under the FHA for...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

Troutman Pepper Locke

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

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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

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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

Fisher Phillips

Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

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The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those...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

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