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Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
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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
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
In Geezil v. White Cliffs Condo. Four Ass’n, 105 Mass. App. Ct. 103 (2024), the Massachusetts Appeals Court held that an association of condominium unit owners was not responsible for the expense of accommodating an...more
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
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
Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more
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
Starting January 1, 2020, New York City public accommodations that provide portable ramps for entrance accessibility will be required to post signs advertising portable ramp availability and listing a phone number for...more
Cities and counties in California are now required to provide informational notices related to disability access requirements. ...more
Seyfarth Synopsis: A new Ohio law will require notice and opportunity to cure as a prerequisite for a plaintiff’s recovery of attorney’s fees in physical accessibility lawsuits. ...more
A lawsuit in New York state highlights an issue with some assisted living facilities: No wheelchairs allowed. The lawsuit claims that state regulations and facility policies discriminate against residents and potential...more
Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with...more
Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach,...more
Seyfarth Synopsis: Is it a service animal or an emotional support animal? Do I have to allow both? How to tell one from the other, and the rules that apply....more
“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. ...more
In a case filed last week, the U.S. Department of Housing & Urban Development (HUD) formally charged property owners in Syracuse, New York with violating the Fair Housing Act (FHA) asserting that the owners failed to...more
Lawsuits against businesses alleging minor violations of the Americans with Disabilities Act (ADA), often filed in bulk by a small cadre of attorneys on behalf of the same plaintiffs, are on the rise both nationally and in...more
The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more
Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more
New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public...more
Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more
Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more
The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more
The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more