Fair Housing

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

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…

Sexual Harassment – A Fair Housing Priority

June 2, 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…

Federal Court Holds Tenant Screening Services Subject to the Fair Housing Act

May 19, 2019

A. J. Johnson

In a landmark civil rights decision (Connecticut Fair Housing Center, et al. v. CoreLogic Rental Property Solutions, LLC, March 25, 2019), the Connecticut federal District Court established for the first time that consumer reporting agencies must comply with the Fair…

Senior Housing – What the Law Requires to Exclude Families with Children from Multifamily Housing

May 4, 2019

A. J. Johnson

When the Fair Housing Amendments Act of 1988 passed, amending the Fair Housing Act, it added protections for families with children as well as for the disabled. The familial status provisions made it unlawful to discriminate against applicants or residents…

HUD Conciliation Agreement for Discrimination Based on Sex with Regard to Domestic Violence Victim – March 2019

April 12, 2019

A. J. Johnson

On March 12, 2019, HUD entered into a Conciliation Agreement with a domestic violence victim and Essex Property Trust, Inc (and others). This is an important case because it indicates that victims of domestic violence may have a fair…

HUD Charges Facebook with Fair Housing Violations

April 6, 2019

A. J. Johnson

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

A. J. Johnson

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

A. J. Johnson

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…

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

Sexual Harassment – A Fair Housing Priority

Federal Court Holds Tenant Screening Services Subject to the Fair Housing Act

Senior Housing – What the Law Requires to Exclude Families with Children from Multifamily Housing

HUD Conciliation Agreement for Discrimination Based on Sex with Regard to Domestic Violence Victim – March 2019

HUD Charges Facebook with Fair Housing Violations

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

Fair Housing Testing – Understanding How it Works

Online Training

Guidance

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