real estate: A Few Exceptions to the Fair Housing Act
- 02/27/09 05:07 AM
The Fair Housing Act applies to all housing transactions (unless exempted by law, see below). Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning or other land-use decisions. Most types of housing properties are covered – leased or rented apartments; houses or condominiums that are sold, leased or rented; rooming houses; cooperatives; temporary shelters; mobile … (0 comments)
real estate: The Fair Housing Act Does Not Protect . . .
- 02/27/09 05:01 AM
As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. What many agents tend to forget, however, is that the Act does not protect juvenile offenders, sex offenders, persons who illegally use controlled substances, and persons with disabilities who pose a significant danger to others. Juvenile offenders and sex offenders, by virtue of that status, are not persons with disabilities protected by the Fair Housing Act. Similarly, while the Act does protect persons who are recovering from substance abuse, it does … (1 comments)
real estate: $1 Million Judgment in Sexual Harassment Case Against Cincinnati Landlord
- 02/26/09 02:36 AM
Here is another example of a Fair Housing Act lawsuit that was fairly recently settled by the United States Department of Justice ("DOJ"). I try to post summaries of these types of cases in order to provide updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue. In September 2008, the DOJ settled a fair housing lawsuit that was brought again a Cincinnati landlord, James G. Mitchell, and his company, Land Baron Enterprises. Mr. Mitchell was the owner and operator of several rental properties in the Cincinnati, Ohio, … (4 comments)
real estate: Yesterday the U.S. Department of Justice Sued the Housing Authority in Wayne County, Illinois, for Race Discrimination in Violation of the Fair Housing Act
- 02/24/09 02:33 AM
Here is another example of a lawsuit that was recently filed by the United States Department of Justice ("DOJ") to enforce the Fair Housing Act. I try to post summaries of these types of cases in order to provide timely updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue. Yesterday afternoon (Monday, February 23, 2009), the DOJ filed a lawsuit against the Wayne County Housing Authority (“WCHA”) (located in Fairfield, Illinois), as well as against Jill Masterson and Danna Sutton, WCHA’s executive director and assistant director, respectively, … (1 comments)
real estate: $62,000 Settlement in Fair Housing Disability Discrimination Case Against Apartment Complex for Refusing to Allow Residents to Keep Service Dogs
- 02/23/09 06:33 AM
On May 29, 2008, the United States Department of Justice ("DOJ") settled a fair housing disability discrimination case for $62,000 that was brought against an apartment complex and the on-site manager for refusing to allow residents to keep service dogs. United States v. Stealth Investments LLC; BMT Investments LLC; and Steven Barry Woodhouse, No. 4:07-cv-500, filed in the United States District Court for the Idaho (consent order dated May 29, 2008). On May 29, 2008, the federal court entered a consent decree that settled this fair housing disability discrimination case brought by the DOJ against an apartment complex and its on-site … (2 comments)
real estate: A Housing Provider Cannot Charge an Extra Fee or Require an Additional Deposit from Applicants or Residents with Disabilities as a Condition of Granting a Reasonable Accommodation
- 02/20/09 04:45 AM
Under the Fair Housing Act, housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation. Example 1: A man who is substantially limited in his ability to walk uses a motorized scooter for mobility purposes. He applies to live in an assisted living facility that has a policy prohibiting the use of motorized vehicles in buildings and elsewhere on the premises. It would be a reasonable accommodation for the facility to make an exception to this policy to permit the man to use his motorized scooter on the premises … (5 comments)
real estate: When and How an Individual Needs to Request a Reasonable Accommodation or Permission to Make a Reasonable Modification under the Fair Housing Act
- 02/20/09 04:35 AM
Under the Fair Housing Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested accommodation and her disability. Similarly, a resident or an applicant for housing makes a reasonable modification request whenever she makes clear to the … (0 comments)
real estate: General Information about What Kinds of Information, If Any, a Housing Provider May Request from a Person with an Obvious or Known Disability Who is Requesting a Reasonable Accommodation or Reasonable Modification
- 02/20/09 04:27 AM
A housing provider is entitled to obtain information that is necessary to evaluate whether a requested reasonable accommodation or reasonable modification may be necessary because of a disability. If a person’s disability is obvious, or otherwise known to the housing provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the housing provider may not request any additional information about the requester’s disability or the disability-related need for the accommodation or modification. If the requester’s disability is known or readily apparent to the housing provider, but the need for the accommodation or modification … (0 comments)
real estate: Assigning a Parking Space Can Be Considered a Reasonable Accommodation under the Fair Housing Act
- 02/20/09 04:04 AM
If someone disabled asks a housing provider to create or designate a parking space for them, generally the law is going to require the housing provider to create or designate the space if three conditions are met: (1) the resident must ask for a designated space; (2) creating or designating the parking space would allow the disabled resident to live in and fully enjoy the premises; and (3) creating or designating the parking space would not create an undue financial or administrative burden for the housing provider. In processing a parking space request from someone who is disabled, the housing provider … (0 comments)
real estate: DOJ Obtains $120,000 Settlement in Discrimination Lawsuit against Chicago Area Realtors (Resulted from Use of Fair Housing Testers)
- 02/18/09 11:20 PM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this Fair Housing Act case that was just settled two days ago (February 17, 2009). Because fair housing is such an important topic, I thought that I'd post a summary of this case. On February 17, 2009, the United States Department of Justice (“DOJ”) settled a fair housing steering case brought against RE/MAX East-West, a real estate firm in Elmhurst, Ill., and one of its former real estate agents, John DeJohn. The defendants agreed to pay $120,000 to … (5 comments)
real estate: HUD Settles Disability Discrimination Case against Managers and Owners of Apartment Complex Who Failed to Reasonably Accommodate Autistic Child for $40,000
- 02/16/09 05:13 AM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this Fair Housing Act case. In United States Department of Housing and Urban Development v. Princeton Property Management, Inc., and Masters Loop, LLC, HUD No. 08-068 (settlement reached on May 15, 2008), HUD settled a disability discrimination case for $40,000 that was brought against the managers and owners of an apartment complex who failed to reasonably accommodate autistic child. On May 15, 2008, HUD settled a discrimination complaint filed against Princeton Property Management, Inc. and Masters Loop, LLC … (0 comments)
real estate: Instances When a Housing Provider Can Deny a Request for a Reasonable Accommodation Without Violating the Fair Housing Act
- 02/16/09 05:03 AM
Are there any instances when a housing provider can deny a request for a reasonable accommodation without violating the Fair Housing Act? Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable (i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of … (0 comments)
real estate: Has Anyone Ever Encountered a Fair Housing Tester?
- 02/15/09 03:47 AM
As a real estate professional, you are probably aware that are lots of "secret shoppers" scouting open houses and rental vacancies trying to catch real estate agents in a fair housing violation. Those "secret shoppers" are fair housing testers. Fair housing testing is used in measuring the practices of housing providers relating to the Fair Housing Act. Over the last several years, the United State Department of Justice has been conducting more and more fair housing testing operations looking for discriminatory housing practices. I was wondering whether anyone has ever been approached by fair housing testers (although you may not even … (5 comments)
real estate: What Housing Providers Need to Know About Service Animals
- 02/15/09 03:21 AM
Under the Fair Housing Act, a housing provider cannot refuse housing to someone who is disabled because of their disability. Just as important, the law requires housing providers to accommodate a person’s disability by changing or modifying a rule or policy or practice when doing so is necessary to give the disabled person equal opportunity to use and enjoy his or her unit. Under the Fair Housing Act, a housing provider who has established a "no pet" policy must allow a disabled resident to keep a service animal as a reasonable accommodation. The housing provider must allow the disabled resident to … (0 comments)
real estate: How a Housing Provider Can Determine if an Individual Poses a “Direct Threat” under the Fair Housing Act
- 02/10/09 02:09 AM
Every real estate professional should already know that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. What many people do not realize, though, is that the Act does not protect an individual with a disability whose tenancy would constitute a “direct threat” to the health or safety of other individuals or result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by reasonable accommodation. So, how can a housing provider determine if an individual poses a “direct … (0 comments)
real estate: A Few Examples of Illegal Housing Practices Against Persons with Disabilities Under the Fair Housing Act
- 02/10/09 01:45 AM
Here is a little reminder for everyone about their obligations under the Fair Housing act with respect to people with disabilities. The following are a few examples of illegal housing practices against persons with disabilities under the Fair Housing Act: Refusing to rent or sell or otherwise making unavailable to an individual with a disability a dwelling unit, because of the buyer’s or renter’s disability; Imposing different terms and conditions on the sale or rental of a dwelling unit due to the buyer’s or renter’s disability; Coercing, intimidating or threatening a person for exercising his or her rights under the Fair … (2 comments)
real estate: Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act
- 02/10/09 01:35 AM
The goal of the Fair Housing Act is to ensure “no person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real-estate related transactions.” With respect to people with disabilities, the Act serves to: Give people with disabilities opportunities to choose where they want to live; Assure that reasonable accommodations and reasonable modifications are made so that a person with a disability can secure and use housing as fully as a person without … (2 comments)
real estate: Discrimination in Housing Based Upon Sex, Including Sexual Harassment
- 02/07/09 10:38 PM
Every real estate professional should already know that the Fair Housing Act makes it unlawful to discriminate in housing on the basis of sex. What many real estate professionals do not realize, however, is that that includes sexual harassment. In recent years, the United States Department of Justice ("DOJ") has been looking more closely at sexual harassment in housing in its Fair Housing enforcement efforts. Women, particularly those who are poor, and with limited housing options, often have little recourse but to tolerate the humiliation and degradation of sexual harassment or risk having their families and themselves removed from their homes. … (0 comments)
real estate: Michigan Court of Appeals Affirms Jury Verdict for a Home Buyer Who Did Not Get a Home Inspection as a Result of Listing Agent’s Representations that House was in “Top-Notch” Condition
- 02/06/09 01:17 AM
Here is a summary of a case that was recently decided by the Michigan Court of Appeals relating to the liability of real estate professionals for representations made during the purchase/sale of a home. Stout v. Christina Withrow, Carol Williams-Nakoneczny and Century 21 Real Estate 217, No. 271632, 2008 WL 400695 (Mich. Ct. App., decided Feb. 14, 2008). Plaintiff Sandra Stout was looking to purchase a new home. To help with her search, she met with defendant Carol Williams-Nakoneczny (“Agent”), who was a licensed real estate agent with defendant Century 21 Real Estate 217. Agent showed plaintiff an old farmhouse in … (3 comments)
real estate: Real Estate Assistant’s Claim for Personal Injury from Falling Down Stairs Barred Under Open and Obvious Doctrine
- 02/06/09 01:06 AM
Here is a summary of a case that was decided several months ago by the Michigan Court of Appeals that concerns a lawsuit filed by a real estate assistant who was injured while showing a house. Dyer v. Russell, No. 273574, 2007 WL 4415467 (Mich. Ct. App., decided December 18, 2007). Plaintiff Amy Dyer, a licensed realtor’s assistant, went to defendant’s home for the purpose of showing the house to potential buyers. While walking down defendant’s basement staircase, she slipped and fell. Plaintiff brought suit against defendant on a premises liability (negligence) theory. The trial court granted defendant’s later motion for … (0 comments)
The Fair Housing Act applies to all housing transactions (unless exempted by law, see below). Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning or other land-use decisions.
;)
;)
;)
