Apartments
-
FHA design/build claims – how safe is your harbor?
Miami Valley Fair Hous. Ctr., Inc. v. Preferred Living Real Est. Investments, LLC,2018 WL 4690790, at (S.D. Ohio Sept. 28, 2018) is not a brand new case, but it contains so much of interest it is worth a close second look by both defendants and plaintiffs in FHA design/build cases. The Court’s principal holding is Continue reading
-
Pushing the needle too far – an instructive Fair Housing case.
Nobody likes fake Emotional Support Animal letters, but a recent DOJ consent decree should remind apartment owners that reasonable verification of a disability can spill over into unreasonable discriminatory demands. The DOJ press release, and a link to the decree, can be found HERE. The apartment managers’ sin was requiring that an individual claiming to Continue reading
-
Good news for the Fair Housing Act: TWC puts a dent in dialing for dollars
I’ve written before about the dialing for dollars phenomenon in Fair Housing Act claims (click here) and about how cheap standing facilitates litigation aimed more at profit than progress (click here). There is good news on both fronts from the Texas Workforce Commission, which recently dismissed several FHA complaints because the organization that filed them, Continue reading
-
Temporary profits can mean a permanent problem under the ADA
What’s wrong with this picture? You can be excused if you don’t immediately think, “no accessible parking,” but that might be the first thing that would come to mind for the defendant in Langer v. G.W. Properties, L.P., , 2016 WL 3419299, (S.D. Cal. June 21, 2016). Langer serves as a reminder that a business not usually Continue reading
-
New or newish? Just what is “first occupancy” under the FHA?
Guidance from HUD and DOJ is nice to have, but ultimately the courts are responsible for deciding what the Fair Housing Act means. In Fair Hous. Rights Ctr. in Se. Pennsylvania v. Post Goldtex GP, LLC, 2016 WL 2865733 (3d Cir. May 17, 2016) the Third Circuit confirmed HUD and DOJ’s position that FHA accessibility standards do not apply Continue reading
