The U.S. Department of Justice (DOJ) recently announced that it settled a Fair Housing Act (FHA) discrimination lawsuit with the owners/managers of more than 70 residential properties in West Virginia to resolve allegations that the property manager sexually harassed female residents and applicants. Under the terms of the deal, which was approved by the U.S.
Discrimination
What is the “Mrs. Murphy” Exception to the Fair Housing Act?
By Scott M. Badami on
Posted in Discrimination
I get this question about exemptions to the Fair Housing Act (FHA) regularly, so I thought I would provide a refresher on the “Mrs. Murphy” exception to the FHA. At the outset, please know that apartment community owners, management companies, and leasing office staff members I represent are almost always covered by the FHA as…
HUD Announces National Origin and Familial Status Fair Housing Case Settles for $20,000
By Scott M. Badami on
Posted in Discrimination
The U.S. Department of Housing and Urban Development (HUD) recently announced that it settled another fair housing case, this one for $20,000, to resolve allegations of discrimination based on national origin and familial status. Two related complaints were filed against the community manager of a California property asserting that he made discriminatory statements about Hispanic…
HUD Approves $20,500 Assistance Animal Fair Housing Settlement
By Scott M. Badami on
Posted in Discrimination, FHA Basics
Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability discrimination complaints, the property owners and managers agreed to pay $20,500 to the Nevada housing advocacy group which filed the cases.
The allegations…
Best Practices Concerning The Fair Housing Act and Sexual Orientation Discrimination
By Christian Moffitt on
Posted in Discrimination
Earlier this month we noted that a federal court in Colorado ruled that the Fair Housing Act (FHA) prohibits discrimination based on sexual orientation (although sexual orientation is not contained in the text of the statute). In that case, the district court judge concluded that ownership could not deny housing to a resident simply because…
HUD Files New Familial Status Fair Housing Case
By Scott M. Badami on
Posted in Discrimination
A couple of weeks ago, the U.S. Department of Housing & Urban Development (HUD) announced that it was charging two property owners and two employees at a multifamily property in Kansas with violating the Fair Housing Act (FHA). In the case, HUD asserts that the defendants engaged in familial status discrimination by terminating the lease…
Here Come the Holidays: What to do about Decorations in Apartment Communities?
By Scott M. Badami on
Posted in Discrimination
Thanksgiving is in the rear view mirror. Christmas, Hanukkah, and other holidays will be here sooner than we think. A great time for kids and families. Santa Claus. Christmas trees. Menorahs. Decorations. For professional apartment management, however, the question of what to do (or not do) with respect to holiday displays and decorations comes up…
DOJ Settles Another Familial Status FHA Case — This Time For $30,000
By Scott M. Badami on
Posted in Discrimination
When I started writing this blog, I was afraid that only my family and perhaps a couple of friends would actually read it. I remain gratified as to the number of hits Fair Housing Defense receives every month (I work for a big law firm, we track everything). However, today is my wife’s birthday (Hi…
DOJ Files “Statement of Interest” in FHA Case Concerning Criminal Background Screens
By Scott M. Badami on
Posted in Discrimination, FHA Basics
While individuals with a criminal record are not listed as one of the seven protected class in our federal Fair Housing Act (FHA), the Department of Housing & Urban Development (HUD) issued guidelines in April 2016 indicating that some apartment criminal screens have a “disparate impact” on African American and Hispanic applicants for housing as…
DOJ Settles Familial Status Fair Housing Act Case for $25,000
By Scott M. Badami on
Posted in Discrimination
Late last month, the U.S. Department of Justice (DOJ) announced that it settled another familial status Fair Housing Act (FHA) case pending against seven Michigan apartment complexes. The lawsuit, filed in November 2015, asserted that the defendants discriminated against families with children by prohibiting them from renting one bedroom units in the properties owned by…