Fair Housing Act
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The statute of limitations for FHA design/build cases – a guide for the perplexed.
The Fair Housing Act requires that private lawsuits brought under 42 U.S.C. §3613 be filed within two years “after the occurrence or the termination of an alleged discriminatory housing practice.” Courts are not in universal agreement about what this means when applied to a failure to design or build apartments according to the standards in 42 U.S.C.… Continue reading
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Shoot the messenger! Agent liability under the Fair Housing Act
A brand new decision from Northern California, Hintz v. Chase, 17-CV-02198-JCS, 2017 WL 3421979 (N.D. Cal. Aug. 9, 2017) reminds both property owners and sales or leasing agents that no one can escape responsibility for making the right decision in cases under the Fair Housing Act. This is an especially important reminder for those in the market… Continue reading
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Animal Accommodations under the FHA – Get it right the first time.
A decision from the Western District of Texas should remind landlords that the world of FHA litigation is unforgiving and expensive, so the best thing is to get it right the first time. Reading it has prompted us to re-offer our webinar on dealing with accommodation requests involving animals later this month and next. Details… Continue reading
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Maybe a CO does mean something – rediscovering a safe harbor under the FHA.
In a March 27, 2017 ruling Judge Richard Leon of the D.C. Circuit found a safe harbor in the Fair Housing Act that I haven’t seen referred to in any earlier published opinion. See, U.S. v. Mid-America Apt. Communities, Inc., 2017 WL 1154944 (D.D.C. Mar. 27, 2017). In the defense of FHA design / build… Continue reading
