Blog – Fair Housing Defense

http://fairhousing.foxrothschild.com/

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

  • Some Thoughts on Advertising and Fair Housing Advertising your property is a good way to get apartments filled. But marketing a community can create a handful of fair housing challenges concerning the use of advertising.  First, remember that advertising is covered under the Fair Housing Act (FHA). When you advertise, do it in a way to reach as many demographic groups as possible. For example, when using people, be certain your advertising copy contains individuals of multiple races. Does that mean you cannot show a family of... More
  • Federal Court Concludes That LGBT Individuals Are Covered By The Fair Housing Act Back-to-back posts concerning the Fair Housing Act (FHA) and federal courts. Last week, in what I believe is another decision of first impression, a federal district court judge in Colorado concluded that the FHA prohibits discrimination against LGBT individuals. While the FHA prohibits discrimination because of sex (added as a protected class in 1974), familial status (1988), and/or national origin (1968), the statute says nothing about sexual orientation or gender identity and the issue had been in question for some... More
  • Does a Fair Housing Act Claim Survive the Death of a Party Raising the Claim? A Federal Appellate Court Says Yes. In a case of first impression (at least as far as I can tell), in an opinion issued last week, the U.S. Court of Appeals for the Third Circuit evaluated (and answered) the question of whether a Fair Housing Act (FHA) claim survives the death of a party. The facts involved an emotional support animal request and whether the condominium board had appropriately responded to the request. Before reaching the merits, however, the Court addressed an uncommon (and sad) issue... More
  • Does Management Want Detailed Health Care Records When Seeking to Medically Verify a Service or Emotional Support Animal Request? No. In this era of an ever-increasing number of service and/or emotional support animal requests received by professional apartment leasing offices, three of my clients have faced the same issue recently. Here is a common fact pattern: our resident submits a request for an emotional support animal. That request has a medical verification letter or certificate attesting that Rover or Fluffy is “certified” as an assistance animal. Upon review, however, it seems pretty clear that the medical verification was simply purchased... More
  • Administration Proposes to Cut $6 Billion in Funding from HUD in Fiscal 2018 Yesterday the Trump Administration submitted its proposed fiscal year 2018 federal budget to Congress. Although any administration’s budget is but a request (as it is Congress that actually sets federal spending levels), included in the document is a proposed 13% cut in funding for the U.S. Department of Housing & Urban Development (HUD). If enacted as presented, HUD’s budget would decrease from $47 billion (in fiscal 2017) to just under $41 billion (in fiscal 2018). In its proposed budget, the... More
  • DOJ Files New Familial Status FHA Discrimination Complaint Earlier this week, the Department of Justice (DOJ) filed a lawsuit in federal district court alleging that the owners and managers of three apartment buildings in Washington state violated the Fair Housing Act (FHA) by refusing to rent their units to families with children. The DOJ asserts that in March 2014, one of the apartment managers told a family (which included a one year old child) that the units were “adult only” and not available to rent. The complaint further... More
  • Dr. Ben Carson Confirmed as the New Secretary of the Department of Housing & Urban Development Earlier today, the U.S. Senate confirmed Dr. Ben Carson as our next Secretary of the Department of Housing & Urban Development (HUD). The vote (58-41) was mostly along party lines. Frankly, given how well his confirmation hearing went, I am a bit surprised the vote was as close as it was and that it took until the first week in March to clear the nomination. Nevertheless, we now have a new leader at HUD. From my seat as management’s lawyer,... More
  • Can Management Require Emotional Support Animal Medical Verifications to be Notarized? A Fair Housing Defense reader sent in a question about emotional support animal medical verifications that I want to address. Because our industry has seen such an increase in the number of service and/or emotional support animal reasonable accommodation requests, my reader wanted to know if one way to curb potential abuse of the medical verification process might be to require health care providers to have the verification notarized. As a lawyer for the management company/apartment owner, I am all for... More
  • Catching Up With Fair Housing Defense Blog Reader Questions I am always gratified to receive comments from Fair Housing Defense blog readers. Many enjoy the light and breezy writing style involving what could be, shall we say, a dry topic. Some, however, are a little less kind – one reader last week thought I didn’t know what I was talking about, and used a colorful metaphor. Which is fine and why I don’t publish the comments. Got to love the internet. In any event, several readers have asked me... More
  • HUD Files New Emotional Support Animal Fair Housing Disability Discrimination Case Earlier this week, the U.S. Department of Housing and Urban Development (HUD) issued a press release concerning a new case HUD charged in Oklahoma. Specifically, HUD alleged that the landlords of a rental property violated the Fair Housing Act (FHA) by rejecting the emotional support animal request submitted with a veteran with disabilities. As I have written many times, responding to reasonable accommodation requests from disabled residents is a critical part of apartment (or in this case, rental home) management.... More