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

  • HUD Proposes to Amend “Disparate Impact” Fair Housing Rule A little wonky fair housing policy today. Last week, the U.S. Department of Housing & Urban Development (HUD) issued proposed new rules to amend how HUD interprets “disparate impact” under our federal Fair Housing Act (FHA). Public comment on HUD’s proposal is due on or before October 18, 2019. I try never to do politics here in the Fair Housing Defense Blog. My goal is to call balls and strikes with the best guidance that is available. Here is where we... More
  • HUD Files Racial Discrimination FHA Claim Against Texas Landlords Last month, the U.S. Department of Housing & Urban Development (HUD) announced it charged two landlords in Texas with racial discrimination under the federal Fair Housing Act (FHA). In the charge, HUD alleged that the landlords declined to rent a room to a potential resident because she is African American. Specifically, HUD’s complaint states that the landlords posted an online advertisement for a room in a five bedroom house. The landlords required applicants to list their race and submit a photograph... More
  • HUD Consent Order Resolves Assistance Animal Discrimination Case for $30,000 In a press release issued last week, the U.S. Department of Housing and Urban Development (HUD) reported that a condominium association in New Jersey agreed to pay $30,000 to resolve allegations under the Fair Housing Act (FHA) that it discriminated against a resident with disabilities by restricting where and how she could bring her assistance animal on the property. The FHA, of course, requires most housing providers to allow individuals with disabilities (defined as an impairment that substantially limits a... More
  • Answering Some Fair Housing Defense Reader Questions When I do fair housing training, I always say to my audience that if one of you has a question, I am willing to bet another person in the room has the same question.  Suspecting that is the case with my Fair Housing Defense blog readers, I wanted to answer some recent questions sent to me: To the best of my knowledge, there is no central database that publishes outcomes of all of the various fair housing cases filed around the country. Historically,... More
  • HUD Charges Maine Property Owner With Discriminating Against a Veteran With an Assistance Animal In a press release dated yesterday, the U.S. Department of Housing & Urban Development (HUD) stated that it charged a residential property owner (and an agent) in Maine with violating the Fair Housing Act (FHA) related to an assistance animal for a disabled veteran. Factually, HUD asserts the veteran has had an assistance dog since 2015. The prospective resident saw an online advertisement for a home and called to discuss terms and finances. During a second telephone call, the complainant noted... More
  • Some Thoughts For July 4th Once a year (or so), your humble Fair Housing Defense Blog editor goes off topic. Tomorrow is the Fourth of July. Potential for a long holiday weekend. Family outings, barbeques, and fireworks. All good. Indeed, I will be at a three day little league baseball tournament ready to cheer. Earlier this year, my wife (Hi Sweetie!) and I took the tour of Independence Hall in Philadelphia in which our Declaration of Independence was signed some 243 years ago this week.  It is... More
  • California Familial Status, Marital Status, and Sexual Orientation Housing Discrimination Case Settles for $15,000 Highlighting the interplay between the federal Fair Housing Act (FHA) and state anti-discrimination laws, earlier this year the California Department of Fair Employment and Housing (DFEH) announced it resolved a housing discrimination case asserting that property owners (who were a married couple) refused to rent a guesthouse to another couple because they were married and the wife was pregnant. After viewing (and responding to) ads for housing on various internet sites, the complaint alleges the owners failed to rent the property... More
  • HUD Files Assistance Animal FHA Case Asserting Disability Discrimination and Retaliation Yesterday, the U.S. Department of Housing & Urban Development (HUD) issued a press released stating it formally charged a New York property owner and manager with violating the Fair Housing Act (FHA). In its charging documents, HUD claims that the Respondents failed to permit a mother to have an assistance animal for her son (as the son has a mental disability). Additionally, HUD asserts that the owner and manager retaliated against the renters for exercising their fair housing rights. Factually, the... More
  • HUD Awards $1.2 Million To Combat Housing Discrimination In a press release issued at the end of last month, HUD announced that it awarded another $1.2 million to combat housing discrimination. The grants, sent to 11 different organizations around the country, are tax dollars used to “educate the public and housing providers about their rights and responsibilities under the Fair Housing Act.” Fair enough. While that is not wrong, it is also money used to fund fair housing testers to seek out what are then claimed to be discriminatory... More
  • HUD Files Fair Housing Charge Asserting Discrimination Against A Family With Children Last week, the U.S. Department of Housing & Urban Development (HUD) stated it decided to charge the owners/manager of a rental home in Idaho with violation of the familial status discrimination provision in the Fair Housing Act (FHA). HUD will assert that a couple (and their seven children) were not permitted to rent a home (with four bedrooms and supplemental living space) because of the number of kids. The case was charged after HUD learned that the mother viewed an online ad... More