You can’t turn down or evict a handicapped* tenant because renting to him would increase your risk of liability. That is one of the important lessons from the Second Circuit’s June 2 decision in Rodriguez v. Vill. Green Realty, Inc., 2015 WL 3461554, at *15 (2d Cir. June 2, 2015). If a tenant or prospective tenant is willing to accept some risk caused by his or her handicap the landlord doesn’t get to decide he shouldn’t. More
FHA Insurance
What were they thinking? Indemnity and accessibility under the ADA and FHA
The rule is simple, but crazy. A contractual indemnity provision that shifts liability for FHA or ADA violations is unenforceable. Equal Rights Center v. Niles Bolton Ass., 602 F.3d 597 (4th Cir. 2010). Owners, operators, contractors and others who may have independent liability for ADA or FHA violations cannot contract among themselves to determine who will ultimately be responsible. More