Residential Development
-
Picking and choosing – HUD has its own notions of what the FHA requires.
On April 30, 2013 HUD and the Department of Justice issued a “Joint Statement” concerning FHA issues. It includes some straightforward tips about compliance with the FHA, but also includes some examples of how these agencies pick and choose among statutes and regulations in ways that might be hard to predict. The first example is Continue reading
-
ADA pleading – can a plaintiff give fair notice of an ADA violation if he doesn’t know it exists?
What does it mean when a plaintiff has standing to sue on a claim but cannot give fair notice in his complaint because he isn’t even sure it exists? It means, of course, that you are in the topsy turvey world of ADA standing in the 9th Circuit. Let’s start with the basics. In Chapman Continue reading
-
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
-
The Blob – FHA Litigation that is just too big to finish
On April 30, 2008 a group of institutional plaintiffs sued a collection of architects and owners of mixed use properties claiming violations of the accessibility provisions of the Fair Housing Act. Miami Valley Fair Housing Center, Inc. et al v. Steiner + Associates, Inc. et al, Case No. 3:08-cv-00150 (S.D. Ohio). More than four years Continue reading
-
Beware of Dog – Mental Health Support Animals and the FHA
Support animals for individuals with mental health disabilities present special problems for the owners and managers of residential properties. A complaint filed on New Year’s Eve, Intermountain Fair Housing Council, Inc. v. Michael’s Manor, LLC, illustrates some of those problems and shows why requests for an accomodation to allow a support animal must be handled Continue reading
