News & Analysis as of

Fair Housing Act (FHA) Disability Discrimination

Miller Starr Regalia

Anti-Discrimination And Disability Rights In Real Estate: Past, Present, And Future

Miller Starr Regalia on

Despite decades of legislative progress, individuals with disabilities continue to face significant barriers in finding fair and accessible housing. From inaccessible design to unlawful denials of reasonable accommodations,...more

Frost Brown Todd

Reasonable Accommodations and Modifications for Tenants Under the Fair Housing Act

Frost Brown Todd on

Most multifamily owners and managers are aware that discrimination against disabled tenants can result in litigation and increase the project’s operating expenses. However, the Fair Housing Act (FHA) not only prohibits...more

Farrell Fritz, P.C.

New York Court of Appeals Upholds Adult Home Admission Regulations

Farrell Fritz, P.C. on

New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons...more

Ward and Smith, P.A.

Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations

Ward and Smith, P.A. on

In general, as long as such restrictions are drafted clearly, the North Carolina Courts will uphold their enforcement; however, there are several factors community associations should consider when establishing and enforcing...more

Farrell Fritz, P.C.

Zoning – Reasonable Accommodations Under the Fair Housing Act.

Farrell Fritz, P.C. on

Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St. Onge v. Donovan, 71 NY2d 507, [1988]. As a result, variances cannot be made to apply only...more

Holland & Hart LLP

Service Animals 101: Keep Your Business Out of the Legal Doghouse

Holland & Hart LLP on

QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? ...more

Fox Rothschild LLP

HUD Settles Disability Fair Housing Act Case For $34,900

Fox Rothschild LLP on

Pursuant to the terms of a formal Consent Order, earlier this month, a property owner/manager in Georgia agreed to settle a Fair Housing Act (FHA) disability discrimination case for $34,900 as well as various additional...more

Fox Rothschild LLP

HUD Charges Pennsylvania Property With Disability Discrimination

Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing & Urban Development (HUD) announced that it charged a Pennsylvania property owner with disability discrimination related to assistance animals and designated parking spaces...more

Fox Rothschild LLP

HUD Charges Buffalo, NY Property Owner With Disability Discrimination Related To An Assistance Animal

Fox Rothschild LLP on

In a press release issued a couple of weeks ago, the U.S. Department of Housing & Urban Development (HUD) charged a New York property owner with discrimination under the Fair Housing Act (FHA) asserting that the owner failed...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 4, August 2020

Welcome! Welcome to August’s issue of All Consuming. This month, we are taking a deep dive into discharges in bankruptcy and then reviewing several top news stories in the world of consumer finance. We hope you find value...more

Fox Rothschild LLP

HUD Charges Georgia Property Owner With Disability Discrimination For Failure To Approve A Reasonable Accommodation Request...

Fox Rothschild LLP on

Here is a fact pattern professional apartment management should work to avoid. An applicant signs a lease for an apartment home. Rent is due on the first of the month. As is typical in many residential leases, late fees are...more

Lowndes

Governor DeSantis Signs Bill Defining Emotional Support Animals and Criminalizing Their Falsification

Lowndes on

On the heels of the U.S. Department of Housing and Urban Development (HUD) issuing new guidance as to what it considers to be the best practices for housing providers when they are presented with requests for “emotional...more

Fox Rothschild LLP

HUD Settles Disability Discrimination Fair Housing Act Case For $80,000

Fox Rothschild LLP on

In a press release issued last week, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concluding a disability housing discrimination complaint against the owners and property managers...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

Fox Rothschild LLP

HUD Consent Order Resolves Assistance Animal Discrimination Case For $30,000

Fox Rothschild LLP on

In a press release issued last week, the U.S. Department of Housing and Urban Development (HUD) reported that a condominium association in New Jersey agreed to pay $30,000 to resolve allegations under the Fair Housing Act...more

Fox Rothschild LLP

HUD Charges Maine Property Owner With Discriminating Against A Veteran With An Assistance Animal

Fox Rothschild LLP on

In a press release dated yesterday, the U.S. Department of Housing & Urban Development (HUD) stated that it charged a residential property owner (and an agent) in Maine with violating the Fair Housing Act (FHA) related to an...more

Fox Rothschild LLP

HUD Files Assistance Animal FHA Case Asserting Disability Discrimination And Retaliation

Fox Rothschild LLP on

Yesterday, the U.S. Department of Housing & Urban Development (HUD) issued a press released stating it formally charged a New York property owner and manager with violating the Fair Housing Act (FHA). In its charging...more

Fox Rothschild LLP

HUD Settles Disability Housing Discrimination Case For Approximately $11,000

Fox Rothschild LLP on

Last week, the U.S. Department of Housing and Urban Development (HUD) announced resolution of a housing discrimination case from California for just under $11,000. The complainants are a family with a child who has a...more

Bradley Arant Boult Cummings LLP

HUD Demonstrates Continued Commitment to Aggressive Enforcement of the Fair Housing Act

Fifty years after the passage of the Fair Housing Act, the United States Department of Housing and Urban Development (HUD) continues to demonstrate a strong commitment to Fair Housing, both through the support of private...more

Fox Rothschild LLP

Want To Learn The Number Of Fair Housing Complaints Filed With HUD In A Year? Or The Protected Class With The Highest Percentage...

Fox Rothschild LLP on

Our friends at the U.S. Department of Housing & Urban Development (HUD) publish a myriad of reports concerning the Fair Housing Act (FHA) and the efforts of the Department to enforce the law. One of the reports I like to...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

Fox Rothschild LLP

HUD Resolves Disability Discrimination Case Complaint Against Condominium Association In New Jersey

Fox Rothschild LLP on

Last week, the U.S. Department of Housing & Urban Development (HUD) issued a press release to announce it resolved a disability discrimination case in November 2018 filed against a New Jersey age 55 and over condominium...more

Fox Rothschild LLP

HUD Files Disability Discrimination Fair Housing Charge Against Denver, CO Property

Fox Rothschild LLP on

Acting on a complaint initially filed back in 2016, just yesterday the U.S. Department of Housing and Urban Development (HUD) formally charged the owners, architect, and builder of an apartment building (with 164 units on six...more

Fox Rothschild LLP

HUD Brings Disability Discrimination FHA Charge In New Jersey Related To Restrictions On An Assistance Animal

Fox Rothschild LLP on

Late last month, the U.S. Department of Housing & Urban Development (HUD) charged a condominium association in New Jersey with disability discrimination in violation of the federal Fair Housing Act (FHA). According to HUD,...more

Fox Rothschild LLP

HUD Resolves California Emotional Support Animal FHA Case For $8,500

Fox Rothschild LLP on

On October 11, 2018, the U.S. Department of Housing and Urban Development (HUD) announced that a disability discrimination claim from California settled for $8,500. The agreement resolved a complaint filed by a resident with...more

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