Apartments
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A victory for common sense: 11th Circuit FHA ruling rejects subsequent owner liability in multi-family housing
In a decision issued on April 14, 2014 the 11th Circuit provided a major victory for subsequent owners of apartments and other types multi-family housing. In Harding v. Orlando Apts. LLC, 748 F.3d 1128 (11th Cir. 2014) the Court dismissed the notion that merely owning or operating an apartment complex could create liability for a failure Continue reading
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FHA liability for subsequent purchasers – what’s next?
Until 2011 it was clear that a person who purchased an existing multi-family development or apartment complex and was not affiliated with the original owner did not have the kind of liability that would require making every unit accessible. “Design/build” liability of that kind was reserved to the original owner of the project based on Continue reading
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Assistance Animals and the FHA – Lessons from a new lawsuit by the DOJ
On July 1 the Department of Justice announced the filing of another lawsuit challenging what it calls discrimination based on the refusal to allow a therapy animal without a pet deposit. U.S. v Barber, 3:13-05539 (W.D. Wash). Coming on the heels of HUD’s April 25 “Notice Concerning Service Animals and Assistance Animal” the lawsuit is Continue reading
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Hoarders! – Dealing with a difficult disability under the Fair Housing Act
Hoarding is a disability that creates special problems for landlords. Hoarders are often secretive, and by its very nature the activity often does not become apparent until it is reached the point where there is a health or safety risk. In addition, a reasonable accomodation may still require that the tenant take affirmative action that is Continue reading
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Potholes and parking – how deferred maintenance turns into an FHA claim
“All things are subject to decay and when fate summons, monarchs must obey,” wrote John Dryden, the English playwright and poet. He probably wasn’t thinking of potholes and buckled sidewalks, but the sentiment remains true. Even if you build the perfect FHA compliant facility, time will create barriers to access that were never intended. Although Continue reading
