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One question that has been popping up recently is how pet limits apply to assistance animals.  As I have written about before, pet limits in the form of breed and/or weight restrictions do not apply to assistance animals (i.e., you cannot deny a resident’s assistance animal because he is a German Shepherd or otherwise on your restricted breeds list).  The logic behind these rules is that assistance animals are not viewed necessarily as “pets,”…
In keeping with a recent blog post, and in order to emphasize the importance of taking the Fair Housing Amendments Act (FHAA) seriously, I wanted to introduce a relatively recent HUD charge levied against a property in Denver to illustrate and substantiate HUD’s active concern with FHAA compliance issues.  A Denver, Colorado property was charged this past month with failing to make its property handicap accessible.  Specifically, the property was accused of large portions…
With the government shutdown now surpassing a month, and the future still relatively uncertain, the functioning of HUD and many other federal organizations has reached a standstill.  A government shutdown not only impacts federal workers and government employees, it also has a very real impact on landlords and tenants. You may be thinking, why are we talking about politics in a Fair Housing blog?    As it turns out, the government shutdown has a direct impact…
Of all the potential violations of fair housing law, the one that gives me the most heartburn—and occasionally wakes me up at night in a cold sweat—is a violation of the design and construction guidelines of the Fair Housing Amendments Act (FHAA).  Why am I so worried about that particular violation?  Well, because—as I have written about before—the potential liability for housing providers from a design and construction violation can be catastrophic. Which is…
Looking at the Fair Housing Act from today’s perspective, it seems like simple common sense—of course we don’t want to be discriminatory in our housing practices.  So why is the 50th birthday of the FHA such a big deal?  In order celebrate the passage of the Fair Housing Act in 1968, I thought I would take a look back at both the immediate context surrounding the enactment of this legislation, as well as the history…
Ok, so I know I have written about this several times before.  But apparently some people still haven’t gotten the message.  So, one more time for the record—as a landlord, you cannot restrict the number of children at your property!  Just don’t do it! This issue hit my radar after I saw a recent Charge of Discrimination from The Department of Housing and Urban Development (HUD).   So what was the problem?  Well, apparently there…
It’s summertime and everyone is headed to the pool – can my assistance animal join me?  Well, before I can answer that, I have a couple of questions for you:  1) is your pool private or is it open to the public; and 2) do you have a service or emotional support animal? So to begin, let’s tackle the scenarios regarding a pool that is open to the public. As I have discussed at length…
As if keeping the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) straight wasn’t difficult enough, my practice also involves a horse of a different color—the Air Carrier Access Act (ACAA).  So I thought I would take a break from my usual topics and address the elephant in the room—the recent airline incident involving an emotional support peacock that was denied access to a flight at Newark Liberty International Airport.  This story…
As a fair housing attorney, I often field the question, “What can I do to avoid having a complaint filed against me?”  Avoiding complaints seems like a pretty obvious and sensible goal, right? While the goal may be straightforward, the execution is often anything but.  Dealing with the Fair Housing Act is inherently difficult due to its complexity and complicated nature.  Although there is no magical formula to avoid claims altogether, I do have one…
Although I have written about it a few times before (quid pro quo and hostile environment), given the current cultural climate I definitely feel that it bears repeating—sexual harassment touches all aspects of life, including the workplace, and should be treated seriously.  The prevalence and popularity of sexual harassment cases in the news makes this issue especially pertinent for landlords, as seen by the hefty $600,000 Department of Justice settlement highlighted in my…