Discrimination on the basis of sex was added as a protected class to our federal Fair Housing Act (FHA) in 1974 and is settled law. But, is discrimination against lesbian, gay, bisexual, and/or transgender (LGBT) individuals covered under the FHA? Should it be? While LGBT persons are not specifically identified in the text of the
Discrimination
DOJ Files Familial Status Fair Housing Act Complaint in Minnesota
By Scott M. Badami on
Posted in Discrimination
The Department of Justice (DOJ) filed a recent familial status Fair Housing Act (FHA) case in U.S. District Court in Minnesota, asserting that the owner and manager of a small apartment community treated families with children “less favorably” than adults with respect to the use of various common areas. The complaint also claimed that management…
DOJ Settles Colorado Familial Status FHA Case For $75,000
By Scott M. Badami on
Posted in Discrimination
Last week the U.S. Department of Justice (DOJ) announced that it had resolved another Fair Housing Act (FHA) case, this time recovering $75,000 to settle a familial status discrimination complaint. The agreement to conclude the case remains pending before a federal district court judge in Colorado, but is expected to be approved.
The complaint asserted…
DOJ Settles Nevada Familial Status Fair Housing Case for $36,000
By Scott M. Badami on
Posted in Discrimination
Late last month, the U.S. Department of Justice (DOJ) settled a familial status housing discrimination case filed against property owners in Nevada. The DOJ’s complaint asserted that the defendants discriminated against families with children by placing a series of ads for a single family home in a local newspaper that stated a preference for adult…
The Next “Disparate Impact” Battleground: Criminal Background Checks
By Scott M. Badami on
Posted in Discrimination
Here is another coming battleground for apartment management: what to do about applicants without social security numbers and/or who are undocumented? The issue is arising because of the decision of the Supreme Court holding that “disparate impact” is a part of the federal Fair Housing Act (FHA). Management is stuck in the middle because…
DOJ Files New Sexual Harassment and Retaliation FHA Complaint Against Apartment Owner in West Virginia
By Scott M. Badami on
Posted in Discrimination
Last week the U.S. Department of Justice (DOJ) filed a complaint against a West Virginia apartment owner asserting that multiple female residents were subjected to egregious sexual harassment and retaliation in violation of the Fair Housing Act (FHA).
Filed in U.S. District Court in West Virginia, the DOJ claims that a residential apartment owner engaged…
Is Filing an Administrative Fair Housing Complaint With HUD Required Before Going to Court?
By Scott M. Badami on
Posted in Discrimination, FHA Basics
A little fair housing inside baseball this week which was prompted by a question from a client. Our federal Fair Housing Act (FHA) is officially known as Title VIII of the Civil Rights Act. Some parts of the FHA were taken from Title VII of the Civil Rights Act, which involves prohibitions against employment discrimination. …
DOJ Settles Another Familial Status Fair Housing Act Case — This Time for $100,000
By Scott M. Badami on
Posted in Discrimination
We have seen this all too often recently. The Department of Justice (DOJ) announced another six figure settlement (this time for an even $100,000) resolving a familial status Fair Housing Act (FHA) complaint. The lawsuit, filed back in 2014 in U.S. District Court for the Western District of Wisconsin alleged that the owners and operators…
Some Thoughts On Documenting Responses to Reasonable Accommodation Requests
By Scott M. Badami on
Posted in Disability, Discrimination
I do not typically use my own active cases as examples here at the Fair Housing Defense blog, but a similar issue has come up in two of them (one on the east coast and one on the west coast) that I thought merited a post. In both cases, residents have filed complaints asserting management…
DOJ SETTLES A FAMILIAL STATUS FHA CASE FOR $100,000
By Scott M. Badami on
Posted in Discrimination
Continuing to promote its fair housing efforts, last month the Department of Justice (DOJ) announced the resolution of another Fair Housing Act (FHA) case, this one filed in U.S. District Court for the Western District of Wisconsin. The matter settled for $100,000 and involved allegations of discrimination against families with children. The defendants agreed to…