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Reasonable Accommodation Fair Housing Act (FHA) Disability Discrimination

Whiteford

Client Alert: Emotional Support Animals in Community Associations: Balancing Fair Housing Obligations with Resident Expectations...

Whiteford on

For community associations, few issues require more careful balancing of the individual rights of owners and the collective community interests than accommodation requests for emotional support animals (“ESA”). Under the...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

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

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 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

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

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 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

Fox Rothschild LLP

HUD Resolves Disability Discrimination FHA Case For $12,000

Fox Rothschild LLP on

Last week, the U.S. Department of Housing & Urban Development (HUD) announced settlement of a disability discrimination Fair Housing Act (FHA) case from San Francisco, CA. A family filed a fair housing complaint asserting...more

Fox Rothschild LLP

HUD Charges New York Property Owners With Disability Discrimination Over An Alleged Assistance Animal

Fox Rothschild LLP on

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

Fox Rothschild LLP

Virginia Offers Guidance For Confirming That Medical Verifications For Emotional Support Animals Are Legitimate

Fox Rothschild LLP on

It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have...more

Fox Rothschild LLP

HUD Settles Disability Discrimination FHA Case For $11,000

Fox Rothschild LLP on

Last week, the U.S. Department of Housing & Urban Development (HUD) announced that it settled a fair housing case alleging disability discrimination involving a live-in aid. Specifically, HUD reached an agreement with the...more

Hinshaw & Culbertson LLP

Seventh Circuit Sets Proof Paradigm for ADA Interference Claims

Too often, we think of Americans with Disabilities Act (“ADA”) claims in terms of discrimination and failure to accommodate. Employment lawyers typically see interference claims in the context of other employment statutes,...more

Fisher Phillips

Campus Companions: How To Handle Requests For Service And Assistance Animals

Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Fox Rothschild LLP

DOJ Settles Disability Discrimination Fair Housing Act Case For $125,000

Fox Rothschild LLP on

Last month, the U.S. Department of Justice (DOJ) resolved a Fair Housing Act (FHA) case against a New York based property management company in which the government asserted the defendants discriminated against a prospective...more

Fox Rothschild LLP

HUD Approves $20,500 Assistance Animal Fair Housing Settlement

Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability...more

Farrell Fritz, P.C.

Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use...

Farrell Fritz, P.C. on

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development (“the Departments”) have issued numerous guidance documents and policy statements to...more

Ballard Spahr LLP

DOJ Reaches $145,000 Settlement Over Access of Emotional Support Animal to University Housing

Ballard Spahr LLP on

The U.S. Department of Justice (DOJ) and Kent State University (KSU) reached a $145,000 settlement over claims of discrimination under the Fair Housing Act (FHA) on January 4, 2016. In 2014, DOJ initiated a lawsuit against...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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