Apartments
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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
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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
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Your front porch – is everybody welcome?
On March 7 of this year the District Court for Colorado granted a summary judgment in a class action challenging the design of the front porch at the entrance of most Hollister stores. Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co., 2013 WL 856510 (D.Colo. 2013). There are several good discussions of the merits of Continue reading
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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
