As I have written about before, under the “disparate impact” theory of liability, landlords can unintentionally violate the Fair Housing Act if their policies or practices disproportionately and adversely impact protected class members.  This theory of liability was adopted by HUD in 2013 and upheld by the Supreme Court in 2015.  And, for all

Imagine this scenario for a second.  You have a group of people searching for an apartment in the same city.  A young mother with kids, a disabled gentleman with a service animal, a couple from Puerto Rico, and a wealthy, middle aged man.  The owner of the apartment community denies each person the ability to

In keeping with a recent blog post, and in order to emphasize the importance of taking the Fair Housing Amendments Act (FHAA) seriously, I wanted to introduce a relatively recent HUD charge levied against a property in Denver to illustrate and substantiate HUD’s active concern with FHAA compliance issues.  A Denver, Colorado property was

Frequent readers of this blog know that the Fair Housing Act exists in large part to prohibit discrimination against individuals based on their physical appearance (race, gender, national origin, etc.).  However, did you know that you cannot discriminate against assistance animals based on appearance either?  A recent charge by the Department of Housing and Urban

In my previous post, I discussed the Department of Housing and Urban Development’s (HUD) prohibition on sexual harassment.  Although it seems patently obvious that no landlord should be sexually harassing his or her residents, apparently some people remain oblivious. And as a recent settlement by the Department of Justice (DOJ, the government organization that

In my last post, I discussed the Department of Housing and Urban Development’s (“HUD”) Rule 100.600 (the “Rule”), published by HUD last September.  In the post, I focused on that Rule’s prohibition of hostile environment harassment, and in my humble opinion, I believe that aspect of the Rule created a standard of liability that

It occurred to me recently that I have been remiss in not writing about a very important rule that the Department of Housing and Urban Development (HUD) published last September.  HUD Rule 100.600 profoundly impacts landlords in two primary ways: 1) it creates liability for landlords who fail to take action to correct a hostile