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

  • 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
  • HUD Files New Familial Status Fair Housing Case 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 of a resident who asked if her grandchild could be permitted to live with her. HUD learned of the case when a female resident filed a... More
  • Just Who Can be Named as Responsible Parties in a Fair Housing Cases? A Fair Housing Defense blog reader sent in a question concerning the number of housing discrimination cases filed and if there was a breakdown with respect to those filed against management as contrasted with those filed against maintenance personnel. To my knowledge, while HUD absolutely tracks the annual number of cases filed and further breaks down the complaints by the protected class of the person bringing the action, I am not aware of any data concerning claims filed against service... More
  • Want Some Numbers Addressing Fair Housing Complaints and Compliance? Read On. The beginning of the year is always a good time to check in to see how many and what type of housing discrimination complaints were filed in the previous year. While HUD has not released final numbers for 2016, the most recent annual data reveals: HUD’s annual fair housing budget remains well over $60 million. In 2015, HUD (and its partner agencies) completed 8,249 fair housing investigations, which was essentially flat as compared with 8,361 investigations in 2014. Of those complaints,... More
  • Dr. Ben Carson Has His Senate Confirmation Hearing to Become the Next HUD Secretary. Here is How it Went. Yesterday, Dr. Ben Carson had his confirmation hearing before the U.S. Senate Banking, Housing, and Urban Affairs Committee, which is considering his nomination to be the next Secretary of the Department of Housing & Urban Development (HUD). Many of us interested in federal housing policy were curious to hear what Dr. Carson had to say concerning the Fair Housing Act as well as any HUD initiatives as what he has previously said either disagrees with or does not address many... More