FHA Defense
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Quick Hits – assembly line edition.
With more than 40 new decisions in the last two weeks it hasn’t been easy getting this blog out. I’m not the only lawyer with too much to do too fast, as the following cases demonstrate. The problem with industrial litigation In a classic episode of “I Love Lucy” she and her friend Ethel get… 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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DOT issues new in-flight animal restrictions, and a breath of reason in regulation.
The Department of Transportation has issued it final rule concerning in-flight rules for animals helping those with disabilities.¹ The bottom line is straightforward. Airlines are only required to permit dogs trained to perform a specific disability related tasks in the cabin of their aircraft. This adopts the same restriction that the Department of Justice has… Continue reading
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OK, the new HUD regulations on disparate impact are a real tempest.
On October 9, which seems like an eternity ago based on the number of emails and texts I’ve gotten asking for contributions to various political parties and politicians, I reported on HUD’s new regulations on disparate impact claims published on September 24. It was a counterpoint to the decision in Connecticut Fair Housing Center v. CoreLogic… Continue reading
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HUD gets it wrong again on emotional support animals – two is one too many.
On October 7, 2020 HUD filed a charge of discrimination against Fairfield Properties and Pinewood Estates at Commack Condominium because they denied an accommodation for two emotional support dogs. FHEO No. 02-17-5246-8. The Charge includes the facts, which don’t seem to be disputed. It does not include an explanation of how HUD thinks these facts… Continue reading
