Blog – Fair Housing Defense

Scott is the founder and editor of the firm's Fair Housing Defense Blog, which offers discussion and insight on fair housing compliance and other areas of interests to apartment owners and management companies as well as professional management employees.

Recent Blog Posts

  • Court Issues Guidance Concerning Evaluating When an Animal Might Be a “Direct Threat” When evaluating assistance animal requests from our residents, one of the issues faced by apartment leasing offices across the country is what to do if the animal is believed to be a “direct threat.” The law is absolutely clear that an animal (usually a dog) cannot be categorized as a “direct threat” unless there is evidence that the specific animal in question presents a legitimate danger to other residents, to property management employees, or to the property itself. To illustrate,... More
  • Credit Screen? Check. Criminal Background Screen? Check? Immigration Status Screen? Think Again. Acting pursuant to state law, the New York Division of Human Rights initiated a complaint against a property manager in New York City alleging discrimination against individuals based on their immigration status. The complaint followed an investigation which revealed an agent for the landlord posted a letter addressed to “all tenants” on the front door of the property. The letter demanded that residents provide proof of employment, a photo identification, Social Security card, Green Card or passport, or would face a... More
  • Are There Exemptions to the FHA’s Design and Construction Requirements for New Multifamily Housing?   A Fair Housing Defense blog reader asked me for some guidance on the design and construction requirement for new apartment communities (and if there are exceptions to these requirements). While this is a topic that is better covered in a book (as opposed to an individual blog entry), there are some universal requirements that can be shared. Accordingly, new multifamily housing (with four or more units) built for initial occupancy after March 13, 1991 must have: *a building entrance that is... More
  • Virginia Offers Guidance For Confirming That Medical Verifications for Emotional Support Animals Are Legitimate It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have addressed any number of ESA issues in this space. Professional apartment management companies continue to look for the appropriate sweet spot of ensuring that everyone with a legitimate disability is granted the accommodation they need, while at the same time raising appropriate questions about... More
  • Familial Status Discrimination Case (Concerning a Family With 12 People) Settles in California Last fall, the California Department of Fair Employment and Housing (DFEH) resolved a familial status fair housing case that I wanted to highlight. Familial status, of course, is the protected class which covers families with children under the various federal, state, and local fair housing laws. This discrimination complaint asserted that an apartment management company rejected a California family of 12 a chance to rent a 2,583 square foot home because the family had “too many kids.” Defending against the claim,... More
  • California Settles Housing Discrimination Case Brought by Military Family As professional apartment management employees and property owners, we need to remember that governmental agencies (such as the U.S. Department of Housing and Urban Development as well as state, city, and/or county anti-discrimination agencies) look for cases with what they view as “good facts” to bring. Our friends at the California Department of Fair Employment and Housing (DFEH) found one of those cases last year when an apartment landlord refused to rent to a family because the husband is serving... More
  • Medical Marijuana, Reasonable Accommodation Requests, and the Fair Housing Act Each year it seems that a growing number of states approve the use of medical marijuana (and/or loosen restrictions on the use of marijuana more generally). To that end, professional apartment management will likely receive (if you have not already) a reasonable accommodation request seeking to smoke marijuana at your property. What if your property is smoke free? What if you are concerned about the use of marijuana around children or others who find marijuana smoke offensive? How do you... More
  • HUD Announces Grants of Over $37 Million To Combat Housing Discrimination Earlier this week, the U.S. Department of Housing and Urban Development (HUD) sent out a press release noting that it awarded over $37 million (yes, $37 million) to combat housing discrimination under its Fair Housing Initiatives Program (FHIP). Add it all up and this money will support more than 150 national and local fair housing organizations, each with a mission (at least in part) to catch professional apartment management violating the federal Fair Housing Act (FHA) or its state, city,... More
  • California Apartment Owner Pays $100,000 to Settle Emotional Support Animal Fair Housing Case Many times the cases with what look like the most egregious set of facts are the ones that get the most publicity. To that end, a fair housing case in California just settled with the owner of several apartment complexes and rental homes agreeing to pay $100,000 to conclude a disability discrimination action involving emotional support animals. The complaint (which started as an administrative action with HUD filed by a local fair housing advocacy group) asserted that the apartment owner sent... More
  • New York Passes Law to Criminalize Fraudulent Assistance Animal Requests Joining a handful of other states, New York recently enacted a state law making it a criminal offense to misrepresent that someone has a service or emotional support animal. The new statute, effective December 18, 2017, makes it unlawful for any person to knowingly misidentify a dog as a guide, service, therapy, or hearing dog. Violation of the law could result in a fine of up to $100 and up to 15 days in jail. As permitted by our federal Fair Housing... More