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Casual Statements Can be Deemed Discriminatory

April 19, 2014

Leasing staff and others working at apartment communities should be warned about making small talk with applicants at their properties. A Massachusetts real estate broker recently learned the hard way that even a casual remark – with no ill intent…

Hoarding is Now Considered a Disability

April 12, 2014

The American Psychiatric Association (APA) has recently announced that compulsive hoarding is now considered a mental disability, and is therefore protected under the nation’s various disability related laws; this includes the fair housing laws under The Civil Rights Act of…

DOJ Aggressively Pursuing Accessibility Cases

March 8, 2014

On February 24, 2014, the Department of Justice announced that a federal district court in Jackson, MS approved a settlement of a DOJ lawsuit against the original owners and developers of nine apartment complexes in Mississippi, Louisiana and Tennessee. The…

Domestic Violence Policies

February 4, 2014

Public housing and assisted housing communities (as well as Low-Income Housing Tax Credit [LIHTC] projects) are subject to the requirements of the Violence Against Women’s Act (VAWA). HUD is currently developing regulations to implement the VAWA provisions passed into law…

Fair Housing Reminders During the Holidays

November 11, 2013

As we approach the holiday season, it is important to remember the fair housing prohibition against discrimination on the basis of religion. There is absolutely nothing wrong with being festive during the holidays. Seasonal decorations do not have to be…

Landmark Fair Housing Decision Goes Against Hazleton, PA

September 15, 2013

On July 26, 2013, a Federal District court issued an opinion that may once and for all answer the question as to whether local governments can enforce laws that relate to the immigration status of individuals. The case is Lozano…

Senate Bill Amending the Fair Housing Act Introduced

July 14, 2013

S. 1242, A Bill to Amend the Fair Housing Act, and for Other Purposes, was introduced in the Senate on June 27, 2013, and was referred to the Senate Judiciary Committee. The short title of the bill is “Housing Opportunities…

More Focus on National Origin Discrimination Since Boston Marathon Attack

May 19, 2013

Since the bombing attack at the Boston Marathon in April 2013, social media sites have been swamped with anti-Islamic sentiment. This is reminiscent of what happened just after the 9/11 terrorist attacks. In the years since 9/11, the Department of…

HUD Provides Updated Guidance Regarding Assistance Animals

May 11, 2013

HUD Issues Notice Clarifying Service Animal Issues On April 25, 2013, HUD issues FHEO Notice 2013-01, Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs. This notice provides additional clarification of housing provider obligations…

HUD Creates Fair Housing App for iPhone and iPad

March 5, 2013

On February 28, 2013, HUD released a housing discrimination mobile application for iPhone and iPad. The App is designed to provide the public with a quick and easy way to file housing discrimination complaints and…

Age Verification Requirements for Senior Properties

March 5, 2013

On February 13, 2013, HUD announced that a homeowners association and managers in Edina, MN will pay more than $40,000 under a Consent Order for refusing to allow children under the age of 18 to live at the property. HUD…

HUD Publishes Final Rule on Fair Housing Disparate Impact

February 16, 2013

On February 15, 2013, HUD published a final rule in the Federal Register (78 Fed. Reg. 11460) regarding disparate impact liability under federal fair housing law. Disparate impact is the theory of fair housing law that asserts that certain policies…

Maryland Appeals Court Deems Pit Bulls Inherently Dangerous

June 23, 2012

In Tracey v. Solesky, No. 53, September Term 2012,the Maryland Court of Appeals has determined that showing that the owner of a dog or the landlord of a property knew that a dog is at least part pit bull is…

$1 Million Discrimination Settlement Reached Between HUD & PR Condo Association

May 29, 2012

HUD announced today that an agreement has been reached with a condo association in Puerto Rico with the settlement amount valued at $1 million. Isleta Marina, a two-tower, 360 unit development was alleged to have violated the Fair Housing Act…

HUD Discrimination Charge Results in $15,000 Settlement

March 8, 2012

Today HUD announced that the owner of Breckenridge Plaza Apartments in Phoenixville, PA has agreed to pay $15,000 to settle claims that the property manager discriminated against families with children…

Court Confirms that Individuals may be Held Liable for Fair Housing Violations

April 1, 2011

The U.S. District Court for the Southern District of New York has held that anyone who commits a prohibited act of discrimination in rental housing may be held personally liable under the Fair Housing Act, regardless of whether that person…

HUD General Counsel Opinion: Medically Prescribed Marijuana Not a Reasonable Accommodation

April 1, 2011

According to a January 20, 2011 HUD Office of General Counsel (OGC) legal opinion, PHAs and owners of federally assisted housing may not permit disabled current or prospective tenants to grow, use, possess, or distribute medical marijuana, even if permitted…

HUD Proposes Expanded Protections for Applicants & Residents at HUD Properties

April 1, 2011

On January 20, 2011, HUD issued a proposed rule clarifying that all otherwise eligible households, regardless of marital status, sexual orientation, or gender identity, have an equal opportunity to participate in HUD programs. This rule would also expand the definition…

Avoid Lease Addendums Regarding Second Hand Smoke

March 1, 2011

In Upper East Lease Assoc, LLC v. Cannon, January 2011, an owner sued a resident for unpaid rent. The resident claimed that the owner had violated the warranty of habitability by allowing secondhand smoke to infiltrate from a downstairs neighbor.…

Fair Housing v. Security; Be Careful When Deciding Whether to Show an Apartment

March 1, 2011

It is a good management practice to avoid showing apartments when a manager feels threatened in any way. I always advise managers not to show units when they fear being alone with a prospect. However, fair housing law requires the…

Proposed Rule Bans Discrimination Based on Sexual Orientation or Gender Identity in HUD Assisted Projects

February 1, 2011

On January 24, 2011, HUD issued a proposed rule making it illegal for owners and managers of HUD-assisted housing or FHA-insured housing to discriminate on the basis of sexual orientation and gender identity…

Using Fair Housing Logos to Stay Out of Trouble

February 1, 2011

Project’s using Federal or State financing are generally required to use approved fair housing logos on all signage and advertising…

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