FHA design/build litigation
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ADA and FHA Enforcement News
Letting someone else do your work for you is a very efficient way to write a blog, but I won’t use any form of AI because it seems to be a lot more A than I. Instead this time I’m pointing you to the work of others, with a few conclusions of my own. Let’s Continue reading
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Accessibility Law for Real Estate Lawyers
On November 5, 2024 beginning at 1:00 p.m. Eastern Time I’ll be presenting a 90 minute webinar on Accessibility Law for Real Estate Lawyers to the ABA Section of Real Property, Trust and Estate Law. I’ll survey the accessibility laws that most often apply to real estate buyers, sellers, developers, owners, operators, landlords, tenants and Continue reading
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“Polly want a cracker?” Lessons from DOJ press releases.
The Department of Justice issues a press release every time it enters into a settlement agreement of some kind. The foundations of accessibility law are the statutes and the cases applying them, but there are a lot of practical lessons to be learned from the settlements obtained by the DOJ, so it is worth looking 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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ADA and FHA Standing – good news, bad news and a twist
I don’t usually blog about my own cases because it requires that I put in a disclaimer.¹ However, a trio of district court decisions, including two in cases where I represent the defendant, justify another look at standing after Transunion and the Laufer cases.² I’ll start with the good news of an apparent trend in Continue reading
