News & Analysis as of

Landlords Fair Housing Act (FHA)

Adams & Reese

Landlord Scores Major Ruling in Emotional Support Animal Fee Waiver Case

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Adams & Reese recently obtained a landmark win for a housing provider, securing a ruling that it did not have to automatically waive its animal fee for a tenant with an emotional support animal (ESA) under the Fair Housing...more

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

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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

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

Clark Hill PLC

Recent Changes to Illinois Real Estate Law Affecting Landlords, Tenants in 2025

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2025 brought over 300 changes to the laws of the State of Illinois. Some of these new laws impact the relationship between landlords and tenants and also impose further restrictions on condominium associations. At the start...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

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...

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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

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

Rivkin Radler LLP

Landlord Beware!

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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

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

Bradley Arant Boult Cummings LLP

Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial Harassment

On March 21, 2021, the United States Court of Appeals for the Second Circuit held en banc in Francis v. Kings Park Manor, Inc., et al. (Francis II) that landlords, who do not have discriminatory intent, are not liable under...more

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - UPDATED March 2021

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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

Lowenstein Sandler LLP

Residential Evictions: What Homeowners Need To Know - UPDATED November 2020

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

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

Can Apartment Management Restrict Political Signs In Windows And On Doors? Read On.

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With the 2020 presidential election less than three months away, I had an interesting question hit my desk: can a property management company restrict residents from placing political signs on their exterior windows, doors,...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

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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

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

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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

COVID-19 And Housing Eviction Proceedings

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With just a few days left in May, apartment owners, management companies, and residents are set to deal with another month of rents due in a global pandemic. The good news (I hope) is that states are starting the process of...more

Fox Rothschild LLP

How The Next Set Of Pandemic Relief Efforts May Impact The Apartment Management Industry

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The United States Congress (as well as any number of state, city, and county legislatures) have been at work on various pandemic relief efforts (as they should be). As these efforts go forward, the apartment management...more

Fox Rothschild LLP

COVID-19: May 2020 Rent And Other Questions

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For many Americans who live in apartment homes, rent for May 2020 is due tomorrow. As noted earlier this month, a best guess is that around 70% of residents made their April 2020 rent payments on time. That is, of course, a...more

Moritt Hock & Hamroff LLP

Housing Discrimination & COVID-19

Over the next few months, landlords, real estate brokers, condominiums, and cooperatives (referred to as “housing providers” in this Alert) will likely face many issues and questions concerning their rights with respect to...more

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