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HUD Charges Facebook with Fair Housing Violations

April 6, 2019

On March 27, 2019, the Department of Housing & Urban Development (HUD) formally charged Facebook with violating the Fair Housing Act by encouraging, enabling, and causing housing discrimination through the company’s advertising platform. The action follows HUD’s investigation of complaints…

Court Rules that Owner Can Evict Resident for Marijuana-Related Lease Violations in State That Permits Medical Marijuana Use

March 17, 2019

In Sherwood Associates, LP v. Jackson, January 2019, the Maine Supreme Court ruled that an owner could evict a resident for marijuana use that violated the terms of the lease – even though the use of medically prescribed marijuana…

Fair Housing Testing – Understanding How it Works

March 10, 2019

Fair housing testing was first approved by the Supreme Court in 1982. The purpose of fair housing testing is to determine the likelihood that illegal housing discrimination is occurring. How Does Testing Work? The testing process often begins…

Major Fair Housing Settlement in Housing Accessibility Case

February 9, 2019

The Department of Justice (DOJ) has settled a major fair housing and American with Disabilities Act (ADA) lawsuit against Mid-America Apartment Communities, Inc., and Mid-America Apartments, LP for $11.3 million to resolve allegations that these owners failed to build 50…

Exceptions to Criminal Screening Policies as a Reasonable Accommodation

January 28, 2019

A court case in early 2018 provides a case study in why a company’s criminal screening policies must sometimes be waived as a reasonable accommodation for a disabled person. The case was Simmons v. T.M. Associates Management, VA – February…

Reasonable Accommodation Requests for Assistance Animals – Detailed Guidance

January 27, 2019

Dealing with Reasonable Accommodation Requests for Assistance Animals One of the most contentious areas of fair housing law is the verification of requests for assistance animals – especially “emotional support animals,” or “ESAs.” This article is intended to address…

Exotic Emotional Support Animals – Court Case

January 21, 2019

The decision in a recent court case indicates that local laws against certain animals may not violate fair housing law. The case is Bauhman v. City of Elkhart, TX, March 2018. Facts of the Case 1. The city of Elkhart…

Update on Criminal Screening for Occupancy

January 13, 2019

A recent fair housing settlement in New York City illustrates the importance of having screening policies for criminal records that only screen for criminal behavior that presents an actual threat to people or property. A New York City property management…

Occupancy Standards and Fair Housing

December 2, 2018

Every owner and manager of multifamily properties must develop occupancy standards for their property. It is these standards that determine how many people may live in a unit. When deciding on an occupancy standard, the key question is always –…

Environmental Issues Relating to Fair Housing

November 10, 2018

As we all know, the environment in which we live can impact our health and well-being. Bad water and bad air are known causes of health problems. What often goes unnoticed however is the environment within buildings – including homes.…

HUD Lodges Fair Housing Complaint Against Facebook

August 18, 2018

On August 17, 2018, the U.S. Department of Housing & Urban Development (HUD) announced a formal complaint against Facebook for violating the Fair Housing Act by allowing landlords and sellers to use its advertising platform to engage in housing discrimination.…

ADA Service Animal Guidance May be Instructive for Housing Providers

July 29, 2018

The Americans with Disabilities Act (ADA) requires that state and local government agencies and non-profits that provide goods or services to the public make “reasonable modifications” in policies, practices, or procedures when needed to accommodate persons with disabilities. This requirement…

Website Accessibility

July 20, 2018

In recent years, there has been a spate of litigation relating to website accessibility under the Americans with Disabilities Act (ADA). The ADA provides that no person shall be discriminated against in the full and equal enjoyment of the goods,…

Emotional Support Animals – How “Necessary” Are They?

June 18, 2018

Every apartment manager is familiar with “Emotional Support Animals,” or “ESAs.” I would venture to say there are very few multi-family communities in existence today that don’t have at least one resident with an ESA. And my experience has shown…

The State of Fair Housing – 2018

May 29, 2018

The National Fair Housing Alliance (NFHA) has published “Making Every Neighborhood a Place of Opportunity,” a report on the condition of fair housing in the United States in 2018. As much as anything else, the report highlights the Department of…

HUD-DOJ Initiative to Fight Sexual Harassment in Housing

April 29, 2018

The Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) have begun a nationwide initiative intended to combat sexual harassment in housing. This effort includes an interagency task force between HUD and DOJ, an outreach toolkit,…

Civil Rights Lawsuit Brought Against America’s Largest Landlord for Criminal Screening Procedures

January 26, 2018

In a complaint filed in the United States District Court for the District of Columbia on December 12, 2017, the nonprofit Equal Rights Center (a Washington, DC civil rights group), and the Washington Lawyers Committee alleged that Mid-America Apartments policy…

The Importance of a Fair Housing Code of Conduct for Site Staff

October 28, 2017

No matter how large or small a property is, there will always be staff assigned to do work at the property, including maintenance and leasing staff. While all staff receive training relating to their job, there is one type of…

DOJ Announces New Sexual Harassment in Housing Initiative

October 22, 2017

On October 19, 2017, the United States Department of Justice (DOJ) announced a new initiative to combat sexual harassment in housing. The initiative specifically seeks to increase DOJ efforts to protect women from harassment by landlords, property managers, maintenance workers,…

Occupancy Standards – One Person Limit in Studio Apartments May be Too Restrictive

October 12, 2017

A recent court case (Fair Housing Center of Washington v. Breier-Scheetz Properties, LLC, May 2017) found that a Washington community’s rule limiting studio apartments to one occupant violated fair housing law based on familial status. Facts of the Case The…

Limited English Proficiency and Fair Housing

October 7, 2017

I recently came across a situation where an owner of a multifamily property had a policy of requiring that all applicants be able to communicate in English in order to apply for occupancy at the property. After discussing the issue…

Fees for Assistance Animals – Settlement Agreement, June 2017

June 16, 2017

On June 9, 2017, HUD entered approved a settlement agreement between a Nevada fair housing organization and the owner and manager of four apartment complexes in Reno, NV. The agreement settles allegations of housing discrimination against disabled residents with assistance…

Liability Under the Fair Housing Act

April 22, 2017

In many of my fair housing classes, the question often arises as to who is liable for a violation of fair housing law. The question is asked both my managers (who wonder if they can be held personally liable) and…

National Origin – Still a Protected Class

April 1, 2017

Despite all the hyperbolic language regarding Muslim bans swamping the airways and newspapers, individuals are still protected from housing discrimination on the basis of their national origin. Recent efforts by the new administration to control entry into the United States…

IRS Revenue Ruling 2016-29 – Regarding Qualified Allocation Plan Provisions Relating to Local Approval of LIHTC Allocations

December 29, 2016

This recently issued Revenue Ruling addresses the issue of whether or not Section 42 of the Internal Revenue Code requires or even encourages Housing Finance Agencies (HFAs) to reject proposals for low-income housing tax credit (LIHTC) developments if the locality…

HUD Comment Request for Housing for Older Persons Act of 1995 (HOPA)

December 17, 2016

HUD Comment Request for Housing for Older Persons Act of 1995 (HOPA) As required by federal law, on December 13, 2016, HUD published a 60-day Notice of Proposed Information Collection of the Housing for Older Persons Act of…

Occupancy Standards – Recommendations and Best Practices

November 25, 2016

All communities should have occupancy standards to prevent overcrowding of units. In the case of federally assisted properties, the standards should also prevent underutilization of space. A primary goal of any occupancy standard should be to ensure that it…

Participation of Faith-Based Organizations in HUD Programs

October 15, 2016

I received a call recently regarding the rights of a faith-based organization operating an apartment community when HUD funding is present at the community. The issue is important enough that I believe other clients may benefit from a general review…

Compliance with HUD Live-in Aide Rules

October 10, 2016

Compliance with HUD Live-in Aide Rules Allowing a Live-in Aide for a disabled person is both a HUD and fair housing requirement. The definition of a live-in aide is a person who resides with one or more elderly…

Defining the Terms Handicapped or Disabled for Fair Housing Purposes

October 9, 2016

The Meaning of “Handicap/Disabled”: Defining the Protected Characteristic The Fair Housing Act (FHA) defines “handicap” as: A physical or mental impairment which substantially limits one or more of a person’s major life activities; A record of having such an…

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