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Rental Property Fair Housing Act (FHA)

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

Troutman Pepper Locke

HUD Issues Guidance on Applicability of the Fair Housing Act to Tenant Screening and Housing-Related Advertising That Relies Upon...

Troutman Pepper Locke on

On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and...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

Lerch, Early & Brewer

He Said, She Said – The Board as Judge and Jury

Lerch, Early & Brewer on

THE SCENE - You wake up on Monday morning to find 53 unread e-mails in your inbox. Pasha from unit 101 has written extensively to complain about his neighbor in unit 102 incessantly smoking this past weekend. Pasha says...more

Orrick, Herrington & Sutcliffe LLP

Tenant screening company subject to FHA

On July 26, a federal judge in the U.S. District Court for the District of Massachusetts ruled that a tenant screening algorithm is subject to the Fair Housing Act, including the FHA's ban on racial discrimination in 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

Orrick, Herrington & Sutcliffe LLP

DOJ, HUD say Fair Housing Act extends to algorithm-based tenant screening

On January 9, the DOJ and HUD announced they filed a joint statement of interest in a pending action alleging discrimination under the Fair Housing Act (FHA) against Black and Hispanic rental applicants based on the use of an...more

Lowenstein Sandler LLP

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

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

WilmerHale

President Biden’s Memorandum on Housing Discrimination

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On Tuesday, January 26, President Biden signed a memorandum on discriminatory housing practices and policies. The memorandum is one of a series of recent executive actions focused on racial equity, representing the...more

Fox Rothschild LLP

An Apartment Community Holiday Decoration Guide

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The most uncommon year of 2020 continues on, with a most unusual Thanksgiving last week. Accordingly, it is now time for my annual Fair Housing Blog apartment community holiday decoration guide. How do we respect the...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

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

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

New California Law Expands The Definition Of Source Of Income Protection In Housing

Fox Rothschild LLP on

In a significant development for housing providers in California, the state legislature passed and the Governor signed a bill (now a law) designed to prohibit property management from discriminating against residents and...more

Fox Rothschild LLP

HUD Charges Georgia Apartment Owners With Familial Status Discrmination

Fox Rothschild LLP on

A couple of weeks ago, the U.S. Department of Housing and Urban Development (HUD) charged a couple from Georgia with familial status discrimination pursuant to the Fair Housing Act (FHA). HUD asserts that the couple, who own...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Fox Rothschild LLP

HUD Files Fair Housing Charge Asserting Discrimination Against A Family With Children

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Last week, the U.S. Department of Housing & Urban Development (HUD) stated it decided to charge the owners/manager of a rental home in Idaho with violation of the familial status discrimination provision in the Fair Housing...more

Fox Rothschild LLP

HUD Resolves Familial Status Fair Housing Act Case From Maine For $18,000

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In a statement issued last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a familial status Fair Housing Act (FHA) case from Maine for $18,000. The case, stated by a fair...more

Tucker Arensberg, P.C.

Support, Service, and Assistance Animals: A Return to Integrity?

Tucker Arensberg, P.C. on

On October 24, 2018, Governor Wolf signed HB 2049 into law as Act 118. The Assistance and Service Animal Integrity Act (“ASAIA”), is Pennsylvania’s initial legislative response to the growing concern among property managers,...more

Fox Rothschild LLP

HUD Charges New Jersey Rental Property Owner With Racial Discrmination

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Last week, the U.S. Department of Housing & Urban Development (HUD) charged a rental property owner in New Jersey with racial discrimination under the federal Fair Housing Act (FHA). In the charging document, HUD asserts that...more

Fox Rothschild LLP

Federal Court Concludes Social Security Disability Should Count As Income Under The Fair Housing Act

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In a decision published earlier this month, the U.S. Court of Appeals for the Eighth Circuit concluded that a disabled plaintiff has the ability to file a complaint under the federal Fair Housing Act (FHA) against a property...more

Fox Rothschild LLP

HUD Files Another Familial Status Fair Housing Discrimination Case

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Earlier this week, the U.S. Department of Housing and Urban Development (HUD) sent out a press release to note that it charged a Texas property owner and management company with discriminating against families with children...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

Ballard Spahr LLP

Housing group announces settlement of FHA lawsuit alleging insurance-related discrimination

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The National Fair Housing Alliance (NFHA) has announced a settlement in its lawsuit against Travelers Indemnity Company in which it alleged that Travelers engaged in discriminatory conduct in violation of the Fair Housing Act...more

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