FHA Guidance
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Disability Rights under the Trump Administration.
Coming on the heels of my presentation of this title (available at Trump and Disability Rights) HUD and Senator Elizabeth Warren have both made significant announcements about fair housing enforcement. On September 17 HUD announced that it was withdrawing a number of guidance documents, including FHEO 2013-01 and 2020-01 and concerning assistance animals. These guidances Continue reading
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HUD was wrong about pet deposits – it’s as simple as that.
I’ve written quite a few times in the last decade about the absurdity of HUD’s position that landlords cannot charge a fee or deposit for an assistance or emotional support animal.¹ HUD’s position has never made sense because asking for the waiver of a fee or deposit is just another kind of accommodation claim that Continue reading
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Loper Bright v Raimondo – the demise of Chevron may change FHA disability litigation.
In Loper Bright Enterprises et al v. Raimondo, Secretary of Commerce et al, Case No. 22-451 (June 28, 2024) the Supreme Court overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., a case that, as one commentator observed, was the foundation of the administrative state.¹ At first glance this decision has little to do with Continue reading
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Happy New Years – 2020 ADA and FHA retrospective
Here’s a toast to the end of a bad year. I don’t know anyone who won’t be happy to see 2020 behind us, but it’s worth looking back at how the law of accessibility developed in the last year. Fair Housing Act developments were bracketed by two events, one of which was scarcely noticed but Continue reading
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The horns of a dilemma – landlords, tenants and emotional support animals under the FHA
This blog and the next were prompted by two recent efforts by state officials to deal with the problem of emotional support animals. One was a decision from the Iowa Supreme Court that puts a state law overlay on how to deal with conflicts between disabled and non-disabled tenants. You can find the details in Continue reading
