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HUD Determines That Owner’s COVID-19 Visitor Policy Violated the Fair Housing Act

October 30, 2021

HUD recently signed a Conciliation Agreement/Voluntary Compliance Agreement with owners of a HUD-subsidized community in Fairhope, Alabama. The agreement resolves allegations and a HUD investigation into whether the owner’s policy prohibiting visitors under the age of 12 due to COVID-19…

A. J. Johnson to Offer Live Webinar on Tenant-on-Tenant Harassment; Limiting Fair Housing Liability.

October 12, 2021

A. J. Johnson will be conducting a webinar on November 3, 2021, on Tenant-on-Tenant Harassment; Limiting Fair Housing Liability. The Webinar will be held from 1:00 PM to 2:00 PM Eastern time. Dealing with tenant-on-tenant harassment is an evolving area…

Resolving the Rights of Two Disabled Residents with Conflicting Needs

August 14, 2021

A recent case before the Iowa Supreme Court provides a glimpse into the difficulties involved in weighing the rights of two disabled residents when granting an accommodation to either would have a negative impact on the other resident. Facts of…

A. J. Johnson to Offer Live Webinar on Criminal Screening Policies in Multifamily Housing

August 6, 2021

A. J. Johnson will be conducting a webinar on August 31, 2021, on Criminal Screening in Multifamily Housing – Recommended Policies & Procedures. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. Property owners may (and…

A. J. Johnson to Present Webinar on Hoarding – A Fair Housing Challenge.

July 23, 2021

A. J. Johnson will be conducting a webinar on August 3, 2021, on Hoarding – A Fair Housing Challenge. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. In May 2013, the American Psychiatric Association (APA)…

HUD Proposes Restoring Discriminatory Effects Rule

July 4, 2021

On June 25, 2021, HUD announced that it will issue a proposed rule titled Restoring HUD’s Discriminatory Effects Standard. The publication proposes to rescind HUD’s 2020 disparate impact rule and restore the 2013 discriminatory effects rule. HUD believes that the…

A. J. Johnson to Offer Live Webinar on Reasonable Modifications and Accommodations Under Section 504 and the Fair Housing Act

June 21, 2021

A. J. Johnson will be conducting a webinar on July 1, 2021 on Reasonable Modification and Accommodation Requirements Under Section 504 and the Fair Housing Act. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. The…

HUD Restores Affirmatively Furthering Fair Housing Requirement

June 20, 2021

The U.S. Department of Housing and Urban Development (HUD) published an interim final rule on June 10 to restore the implementation of the Fair Housing Act’s Affirmatively Furthering Fair Housing (AFFH) requirement. The publication provides a robust definition of the duty…

Court Affirms Right of Spouse to be a Live-in Aide at HUD-Assisted Property

May 24, 2021

In Johnson v. Guardian Management, April 2021, a court ruled that a current spouse may be a live-in aide for a resident at a HUD Section 8 project. Facts of the Case A Section 8 resident requested an accommodation for…

President Biden Issues Wide-Ranging Executive Order Relating to Fair Housing

February 6, 2021

If there was any doubt about how the new Administration’s approach to fair housing will differ from that of the prior administration, the Executive Order signed by President Biden on January 26, 2021, should resolve the issue. The Order, titled…

Virginia Landlord Settles Sexual Harassment Case

January 2, 2021

On September 29, 2020, the U.S. Department of Justice (DOJ) announced that Gary T. Price, a manager of rental properties in and around Harrisonburg, VA, together with owners of the properties, Alberta Lowery and GTP Investment Properties, LLC, will pay…

HUD Takes Hard Line on Local “Nuisance” Policies that Target Affordable Housing

December 27, 2020

A recent compliance agreement entered into between the Department of Housing & Urban Development (HUD) and a California city demonstrates the aggressive approach HUD will take against localities that develop policies that penalize residents for excessive 911 calls or properties…

Hoarding – A Challenge for Housing Managers

December 13, 2020

In 2013, the American Psychiatric Association (APA) declared hoarding to be a clinical disability, automatically putting the issue of hoarding front and center with housing operators. The Fair Housing Act (FHA) bans discrimination against individuals with disabilities. The FHA defines…

A. J. Johnson to Offer Fair Housing Webinar on December 15

December 5, 2020

A. J. Johnson will be conducting a webinar on December 15, 2020, on Compliance with Federal and State Fair Housing Requirements. The Webinar will be held from 1:00 PM to 4:30 PM Eastern Time. The course will equip attendees with…

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

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

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 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

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

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

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 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

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

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

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

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

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

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

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

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…

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