Fair Housing Defense

Information on and Compliance with the FHA

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Scott M. Badami

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Latest from Fair Housing Defense

Fair Housing Defense

HUD Charges Wisconsin Property Owner/Manager with Disability Discrimination Related to an Assistance Animal

By Scott M. Badami

June 30, 2020

Pursuant to a release issued last week, the U.S. Department of Housing & Urban Development (HUD) stated it charged the owner and manager of apartment homes in Wisconsin with housing discrimination for allegedly refusing to rent to two individuals because of a claimed disability and related need for an assistance animal. The HUD charge asserts that prospects found an ad for an apartment online and then toured the potential new home after meeting the property…

Fair Housing Defense

HUD Settles Racial Discrimination Fair Housing Case for $35,000

By Scott M. Badami

June 19, 2020

Yesterday, the U.S. Department of Housing and Urban Development (HUD) approved a $35,000 settlement agreement resolving a fair housing complaint filed against the owner and manager of apartment communities on Long Island (in New York) addressing allegations that various employees discriminated against applicants based on their race. As described in the complaint and conciliation agreement, the allegations were that certain employees treated white fair housing testers posing as prospective residents more favorably than African American…

Fair Housing Defense

Supreme Court Expands Employment Anti-Discrimination Laws to Protect the LGBTQ Community. Fair Housing is Likely Next.

By Scott M. Badami

June 15, 2020

In a decision which will likely expand the scope of the federal Fair Housing Act (FHA) by analogy, the U.S. Supreme Court concluded earlier today that a 1960’s era civil rights statute protects gay and transgender workers. By a 6-3 vote, the Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination “because of sex,” includes protection for gay and transgender employees. Our FHA, which is Title VIII of…

Fair Housing Defense

COVID-19: One Request is a Reasonable Accommodation and One is Not (But May Be Worth a Compassionate Release)

By Scott M. Badami

June 5, 2020

I wanted to offer up two related COVID-19 fair housing scenarios I have seen recently in my discussions with apartment management clients. As written here (and elsewhere) regularly, our Fair Housing Act (FHA) requires management to make what is known as a “reasonable accommodation” in our rules, policies or practices as needed to permit an individual with a disability to fully use and get the benefit of his/her housing. One such accommodation is a request…

Fair Housing Defense

COVID-19 and Housing Eviction Proceedings

By Scott M. Badami

May 27, 2020

With just a few days left in May, apartment owners, management companies, and residents are set to deal with another month of rents due in a global pandemic. The good news (I hope) is that states are starting the process of opening again with social distancing. The belief is that many employees who were furloughed or let go because of the shutdown will have jobs to come back to so they can pay their rent.…

Fair Housing Defense

HUD Settles Disability Discrimination Fair Housing Act Case for $80,000

By Scott M. Badami

May 25, 2020

In a press release issued last week, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concluding a disability housing discrimination complaint against the owners and property managers at a community in Pennsylvania. The total amount to be paid by the Respondents is $80,000. In their complaint, two residents asserted that management failed to approve their reasonable accommodation requests for a reserved parking space, did not permit them to transfer to…

Fair Housing Defense

Conciliation and the Fair Housing Act

By Scott M. Badami

May 20, 2020

Although the economic and personal impact of the global pandemic continues to dominate the headlines, I am seeing HUD (as well as various state, city, and county agencies) ramping up efforts on pending housing discrimination complaints. As a part of the Fair Housing Act, investigators are dual tasked when a complaint is filed: (1) to investigate; and (2) to conciliate (legalese for attempt to settle). Sometimes the process goes on at the same time. Sometimes…

Fair Housing Defense

How The Next Set of Pandemic Relief Efforts May Impact The Apartment Management Industry

By Scott M. Badami

May 6, 2020

The United States Congress (as well as any number of state, city, and county legislatures) have been at work on various pandemic relief efforts (as they should be). As these efforts go forward, the apartment management industry needs to be aware the next set of legislative initiatives that might, for example, mandate that property owners accept rent payment plans as well as change how community amenities are paid for by residents. For example, in an…

Fair Housing Defense

COVID-19: May 2020 Rent and Other Questions

By Scott M. Badami

April 30, 2020

For many Americans who live in apartment homes, rent for May 2020 is due tomorrow. As noted earlier this month, a best guess is that around 70% of residents made their April 2020 rent payments on time. That is, of course, a lower number than we would have expected under normal circumstances as each week we read that millions of more Americans filed for new unemployment benefits. Here are some of the questions I have…

Fair Housing Defense

HUD Settles California Sexual Harassment Fair Housing Case for $63,000

By Scott M. Badami

April 26, 2020

I will get back to how the pandemic is impacting the professional apartment management industry in my next post, but I wanted to note that at the end of March, the U.S. Department of Housing & Urban Development (HUD) announced that it settled a fair housing discrimination action from California in which allegations of sexual misconduct were raised against the owner and manager of a property for a total of $63,000. The settlement also involved…

Fair Housing Defense

Information on and Compliance with the FHA

Blog Authors

HUD Charges Wisconsin Property Owner/Manager with Disability Discrimination Related to an Assistance Animal

HUD Settles Racial Discrimination Fair Housing Case for $35,000

Supreme Court Expands Employment Anti-Discrimination Laws to Protect the LGBTQ Community. Fair Housing is Likely Next.

COVID-19: One Request is a Reasonable Accommodation and One is Not (But May Be Worth a Compassionate Release)

COVID-19 and Housing Eviction Proceedings

HUD Settles Disability Discrimination Fair Housing Act Case for $80,000

Conciliation and the Fair Housing Act

How The Next Set of Pandemic Relief Efforts May Impact The Apartment Management Industry

COVID-19: May 2020 Rent and Other Questions

HUD Settles California Sexual Harassment Fair Housing Case for $63,000

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