As a fair housing attorney, I often field the question, “What can I do to avoid having a complaint filed against me?” Avoiding complaints seems like a pretty obvious and sensible goal, right? While the goal may be straightforward, the execution is often anything but. Dealing with the Fair Housing Act is inherently difficult due
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A Sensitive Subject: Revisiting The Importance Of Preventing Sexual Harassment In The Workplace
Although I have written about it a few times before (quid pro quo and hostile environment), given the current cultural climate I definitely feel that it bears repeating—sexual harassment touches all aspects of life, including the workplace, and should be treated seriously. The prevalence and popularity of sexual harassment cases in the news…
Understanding The Nuance Of Familial Status Discrimination? That’s Child’s Play
Advertisements for apartment complexes and rental properties are virtually impossible to miss as you drive along any busy street or highway. They have brightly colored signs boasting “granite countertops,” “saltwater pools,” and even “two story gyms.” But have you ever seen a sign that read “no families allowed” or “kid free apartments?” Odds are that…
It’s A Dog Eat Dog World: Minnesota Landlord Discriminates Against Veteran’s Assistance Animal
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…
New HUD Report Focuses On Mental Disability Discrimination
The Department of Housing and Urban Development (HUD) released a report on Tuesday, September 5th that really struck me. The report revealed the findings of a pilot study on rental housing discrimination on the basis of mental disabilities. As most readers of this blog know, I devote a substantial amount of space discussing disability discrimination…
Are You Ready To Put Your Money Where Your Sexual Harassment Is? The DOJ Hands Down A Hefty Settlement Based On Allegations of Sexual Harassment
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…
Quid Pro Quo Yo: HUD Prohibits An Activity You Should Already Be Avoiding Like The Plague
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…
Are You Fostering A Hostile Environment? The Importance of Addressing Hostile Environment Harassment
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…
Is Gender Identification Protected Under The FHA’s Guidelines?
I received a fair housing complaint the other day, and it surprised me because of its interesting use of gender discrimination. The complaint alleged that the resident was being discriminated against by the landlord because he identified as a transgender male. I wondered if this person was even protected under the Fair Housing Act (FHA)…
But Wait, Is There A Nexus? Non-Apparent Needs For Residents With Apparent Disabilities
As I have written about before, the rules regarding permissible inquiries in response to a Fair Housing Act accommodation request are complex and fraught with danger. Given this complexity, many housing providers are inclined to simply grant any accommodation request made by a resident with an apparent disability (such as a resident in a…