Fair Housing

Recent Court Case Shows Importance of Apartment Accessibility

October 24, 2020

In Ability Center v. Moline Builders, Ohio, August 2020, a court granted partial judgment to fair housing advocates in a lawsuit against multiple entities and individuals based on the design and construction of a senior housing development in Ohio. At…

HUD Issues Fair Housing Charge Against Wyoming Property Owner, Management Agent, and Onsite Manager for Familial Status Violation

October 11, 2020

A. J. Johnson

On September 9, 2020, the Department of Housing & Urban Development (HUD) charged the owners and managers of an apartment community in Cheyenne, Wyoming with violation of the familial status provisions of the Fair Housing Act (FHA). This case is…

Justice Department Settles Accessibility Case with Major Developer

September 20, 2020

A. J. Johnson

The Department of Justice (DOJ) and the U.S. Attorney for the Southern District of Ohio announced on July 28, 2020, that the owners, developers, and builders of 82 multi-family housing complexes have agreed to make extensive modifications to their properties…

Court Decision Restates Owner’s Right to Information Relating to Accommodation Request

August 30, 2020

A. J. Johnson

A recently decided Indiana case once again makes it clear that landlords have the right to request certain information to determine that an accommodation request for a disabled person is both reasonable and necessary due to the disability of the…

New HUD Rule Eliminates Fair Housing Act Requirement to Affirmatively Further Fair Housing

August 15, 2020

A. J. Johnson

On Friday, August 7, 2020, HUD announced its new “Preserving Community and Neighborhood Choice” rule (85 Federal Register 47899) – (the “Choice Rule”), repealing the Affirmatively Furthering Fair Housing (AFFH) rule announced by the Obama Administration in 2015, and circumventing…

Court Decision- A Compromised Immune System is Not a Disability

August 14, 2020

A. J. Johnson

In the case of Eastwood v. Willow Bend Lake Homeowners Association, 2020 U.S. Dist. LEXIS 108389, June 2020), a court denied a Texas resident’s request for an emergency order to allow him to fence off his yard because of his…

National Fair Housing Alliance Files Suit Against Multiple Assisted Living Operators

July 18, 2020

A. J. Johnson

The National Fair Housing Alliance (NFHA) has filed suit against eight companies that operate 16 assisted living facilities in the Salt Lake City, Albuquerque, and Santa Fe metropolitan areas. The suits were filed in the U.S. District Court for the…

A. J. Johnson to Offer Fair Housing Webinar

July 16, 2020

A. J. Johnson

A. J. Johnson will be conducting a webinar on July 23, 2020 on Compliance with Federal and State Fair Housing Requirements. The Webinar will be held from 1:00 PM to 4 PM Eastern Time. This training will equip attendees with…

Illegal Steering – Recent Fair Housing Settlement Shows Feds Lack of Tolerance for the Practice

July 4, 2020

A. J. Johnson

The United States Department of Housing & Urban Development (HUD) reached a Settlement Agreement with the Decatur (AL) Housing Authority on June 26 after a HUD compliance review determined that the Authority maintained discriminatory housing practices in three of its…

Smoking in Apartments – Two Recent Court Cases Illustrate Landlord Right to Permit or Prohibit Smoking

June 21, 2020

A. J. Johnson

Two recent court cases have strengthened the rights of landlords to either permit smoking or to prohibit smoking in apartment communities. In Davis v. Echo Valley Condominium Association, Michigan (6th. Cir.), December 2019, a federal appeals court ruled that a…

HUD and Prince George’s County Housing Authority Enter into Voluntary Compliance Agreement Related to Discrimination Against the Disabled

June 14, 2020

A. J. Johnson

On June 10, 2020, the U.S. Department of Housing & Urban Development (HUD) reached a Voluntary Compliance Agreement with the Housing Authority of Prince George’s County (HAPGC), Maryland after a HUD compliance review determined that HAPGC denied the reasonable accommodation…

Complying with HUD’s New Guidance on Assistance Animals -Part III – The Type of Animals That Can Serve as Support Animals

April 12, 2020

A. J. Johnson

On February 8, 2020, I posted an article on the new HUD guidance on how to assess requests to have an animal as a reasonable accommodation under fair housing law. This new guidance which is known as the “Assistance Animal…

Complying with HUD’s New Guidance on Assistance Animals -Part II – Assistance Animals Other then Service Animals

April 5, 2020

A. J. Johnson

On February 8, 2020, I posted an article on the new HUD guidance on how to assess requests to have an animal as a reasonable accommodation under fair housing law. This new guidance which is known as the “Assistance Animal…

Complying with HUD’s New Guidance on Assistance Animals

March 29, 2020

A. J. Johnson

On February 8, 2020, I posted an article on the new HUD guidance on how to assess requests to have an animal as a reasonable accommodation under fair housing law. This new guidance which is known as the “Assistance Animal…

Landlord Agrees to Abandon Two-Person Per Bedroom Occupancy Policy in Conciliation Agreement

February 26, 2020

A. J. Johnson

In the case of Inland Fair Housing & Mediation Board (IFHMB) v. Edwin A. Muradliyan Living Trust, Pacific Diversified No. 4 LLC, Cheri Todaro, Deanna Cordova, the respondent Landlord agreed to abandon a two-person per bedroom occupancy policy as part…

Assistance Animal Requests Under the Fair Housing Act – HUD Issues Important New Guidance

February 8, 2020

A. J. Johnson

On January 28, 2020, HUD issued FHEO Notice 2020-01. The subject of the Notice is: Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation (RA) under the Fair Housing Act (FHA) Purpose of the Notice The Notice…

HUD Takes Aggressive Position Regarding Online Verification of Assistance Animals

November 24, 2019

A. J. Johnson

On November 6, 2019, the Department of Housing & Urban Development asked the Federal Trade Commission (FTC) and Bureau of Consumer Protection to investigate websites that sell assistance animal documentation. These certifications – which are almost always bogus – have…

Special Considerations When Renting to Members of the Military and Veterans

November 3, 2019

A. J. Johnson

While federal and state fair housing law does not ban discrimination based on military or veteran status, many state and local governments do. However, disabled veterans are protected (as is any disabled person) under federal fair housing law. Issues to…

Fair Housing Definition of a Dwelling

September 22, 2019

A. J. Johnson

The Fair Housing Act (FHA) applies to “dwellings.” This raises the technical issue of what a dwelling is. The answer is not as simple as one may think. The statute’s definition of a dwelling includes any building occupied or intended…

Hoarding – Reasonable Accommodation Requirements Under Fair Housing Law

September 1, 2019

A. J. Johnson

A “reasonable accommodation” (RA) is the request for a waiver of a policy, practice, or procedure of a housing provider in order to provide equal access and opportunity for people with disabilities. Any request for an RA must be approved…

Administration to Issue Guidance Regarding HUD’s Interpretation of Disparate Impact in Fair Housing

August 16, 2019

A. J. Johnson

On Monday, August 19, 2019, the Trump administration will introduce a new rule that may change the way the federal government enforces fair housing law, making it harder for people to file fair housing discrimination complaints. The proposed regulation from…

Court Rules that Voucher Fair Housing Protection Does Not Violate Rights of Owner

August 11, 2019

A. J. Johnson

In a June 2019 ruling (Fletcher Props v. City of Minneapolis), the Minneapolis Appeals court reversed a lower court ruling and found that a city ordinance prohibiting apartment owners from refusing to accept voucher holders did not violate the owner’s…

Online Certification May Not Always be Adequate Verification of Disability

August 4, 2019

A. J. Johnson

A recent court case demonstrates that online verifications of disability may not always be adequate for purposes of proving the need for a reasonable accommodation under fair housing law. The case is Fitzsimmons v. Sand & Sea Homeowners Association, November…

Winning Reasonable Accommodation Cases – Smoking Complaints

August 3, 2019

A. J. Johnson

Every owner and manager of a housing development understands (or should understand) that disabled applicants and residents have the right to request that properties be modified (reasonable modifications) or that rules be changed or waived (reasonable accommodations) so that the…

Children in Common Areas – Fair Housing Settlement Shows Importance of Sound Policy

July 29, 2019

A. J. Johnson

On July 23, 2019, the U.S. Department of Housing & Urban Development (HUD) approved a Conciliation Agreement between Meadow Ridge IV, LLC and ConAm Management Corp., the owner and manager of Meadow Ridge Apartments in Las Vegas, NV, and a…

Winning Reasonable Accommodation Cases – Noise Complaints

July 27, 2019

A. J. Johnson

Every owner and manager of a housing development understands (or should understand) that disabled applicants and residents have the right to request that properties be modified (reasonable modifications) or that rules be changed or waived (reasonable accommodations) so that the…

Family Members of Live-in Aides- New HUD Guidance

July 25, 2019

A. J. Johnson

In the past, HUD guidance has indicated that family members of live-in aides could not reside with the aide in housing developments assisted under the HUD Multifamily Housing Division. This includes project-based rental assistance programs such as Section 8, as…

Winning Reasonable Accommodation Cases

July 20, 2019

A. J. Johnson

Every owner and manager of a housing development understands (or should understand) that disabled applicants and residents have the right to request that properties be modified (reasonable modifications) or that rules be changed or waived (reasonable accommodations) so that the…

Criminal Background Checks and Fair Housing

June 15, 2019

A. J. Johnson

The federal Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ) are making investigations of fair housing violations in three specific areas a priority for 2019. These areas are sexual harassment, tenant-on-tenant harassment, and policies…

Priority Fair Housing Issue Number Two – Tenant-on-Tenant Harassment

June 10, 2019

A. J. Johnson

The federal Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ) are making investigations of fair housing violations in three specific areas a priority for 2019. Those areas are sexual harassment, tenant-on-tenant harassment, and policies…

Recent Court Case Shows Importance of Apartment Accessibility

HUD Issues Fair Housing Charge Against Wyoming Property Owner, Management Agent, and Onsite Manager for Familial Status Violation

Justice Department Settles Accessibility Case with Major Developer

Court Decision Restates Owner’s Right to Information Relating to Accommodation Request

New HUD Rule Eliminates Fair Housing Act Requirement to Affirmatively Further Fair Housing

Court Decision- A Compromised Immune System is Not a Disability

National Fair Housing Alliance Files Suit Against Multiple Assisted Living Operators

A. J. Johnson to Offer Fair Housing Webinar

Illegal Steering – Recent Fair Housing Settlement Shows Feds Lack of Tolerance for the Practice

Smoking in Apartments – Two Recent Court Cases Illustrate Landlord Right to Permit or Prohibit Smoking

HUD and Prince George’s County Housing Authority Enter into Voluntary Compliance Agreement Related to Discrimination Against the Disabled

Complying with HUD’s New Guidance on Assistance Animals -Part III – The Type of Animals That Can Serve as Support Animals

Complying with HUD’s New Guidance on Assistance Animals -Part II – Assistance Animals Other then Service Animals

Complying with HUD’s New Guidance on Assistance Animals

Landlord Agrees to Abandon Two-Person Per Bedroom Occupancy Policy in Conciliation Agreement

Assistance Animal Requests Under the Fair Housing Act – HUD Issues Important New Guidance

HUD Takes Aggressive Position Regarding Online Verification of Assistance Animals

Special Considerations When Renting to Members of the Military and Veterans

Fair Housing Definition of a Dwelling

Hoarding – Reasonable Accommodation Requirements Under Fair Housing Law

Administration to Issue Guidance Regarding HUD’s Interpretation of Disparate Impact in Fair Housing

Court Rules that Voucher Fair Housing Protection Does Not Violate Rights of Owner

Online Certification May Not Always be Adequate Verification of Disability

Winning Reasonable Accommodation Cases – Smoking Complaints

Children in Common Areas – Fair Housing Settlement Shows Importance of Sound Policy

Winning Reasonable Accommodation Cases – Noise Complaints

Family Members of Live-in Aides- New HUD Guidance

Winning Reasonable Accommodation Cases

Criminal Background Checks and Fair Housing

Priority Fair Housing Issue Number Two – Tenant-on-Tenant Harassment

Online Training

Guidance

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