Legal Department

The RHJ Legal Department is dedicated to educating and informing property managers, multifamily executives, on-site managers, landlords, real estate investors, apartment maintenance staff and other industry professionals about Fair Housing, Section 8, landlords tenant laws and other real estate laws on a local and national level.

fair housing section 8 landlord tenant law
Tue
18
Apr
The Editors's picture

Washington State AG Orders Portland Management Company To Pay Over Lease Addendums

Washington State AG orders Portland property management company to pay over lease addendums

A Portland, Oregon property management company will have to pay $16,000 for requiring service members to sign illegal lease addendums requiring them to forfeit rent concessions if they had to terminate their leases early as a result of change of station or deployment, according to Washington State Attorney General Bob Ferguson.

CTL Management included the addendum on more than 220 leases at Chambers Creek Estates, a large apartment complex in University Place, near Joint Base Lewis-McChord, which houses many military families, according to a release from Ferguson’s office.

Mon
27
Mar
The Editors's picture

Landlords Sue Seattle Over Right To Choose Their Tenants

Landlords sue Seattle over ordinance requiring them to rent to first qualified tenant

Several landlords have sued the City of Seattle over a new ordinance which took effect this year, called the first in time rule, requiring them to rent to the first qualified tenants who apply and seeking an injunction to halt the city from enforcing it.

The Pacific Legal Foundation said in a release it has sued in King County Superior Court saying the rule violates the Washington constitutional protections for property rights.

Mon
20
Mar
The Editors's picture

Is Your Apartment Building The Hottest New Hotel In Town?

Short-term rentals and is your apartment building the hottest new hotel in town?

Your high-rise apartment building in the city may be the new hottest hotel in town for short-term rentals as downtown, luxury, high-rise apartment buildings have become a magnet for the popular online home-sharing rental platforms such as Airbnb, VRBO, and Spokane-based Stay Alfred, according to several reports.

Because the luxury high-rise apartments typically have great city views, rooftop lounges, state-of-the art gyms and more to attract renters, they also attract the overnight guest. The tenants are renting out these plush digs by the night under the radar many times of the property management and building owners.

Mon
06
Mar
The Editors's picture

Testimony On Bill To Eliminate Oregon Ban On Rent Control

Testimony began last week at the Oregon State Legislature on a bill, backed by the City of Portland, that would remove the state-wide ban on rental control and end no-cause evictions, according to several reports.

House Bill 2004 as proposed would prohibit a landlord from terminating month-to-month tenancy without cause except under certain circumstances with 90 days’ written notice and payment of relocation expenses. The bill would also repeal the statewide prohibition on city and county ordinances controlling rents, effectively allow cities to put rent control in place.

Mon
20
Feb
The Editors's picture

Apartment Management Company Sues Airbnb Alleging It Helps Tenants Breach Leases

apartment management company sues Airbnb

A Denver based apartment management company has sued Airbnb in California and Florida state courts alleging Airbnb assists tenants in breaching their leases by subletting their apartments, according to a release.

Thu
09
Feb
The Editors's picture

HUD Charges Landlords With Discrimination Against Combat Veteran With Assistance Animal

HUD charges discrimination over pet deposit issue for combat veteran with emotional support animal

Landlords who refused to waive the pet deposit for a combat veteran with an emotional support dog have been charged with discrimination and violating the Fair Housing Act, by the U.S. Department of Housing and Urban Development (HUD), according to a release.

The veteran was renting a single-family home in Moore, Oklahoma, and asked that the $250 pet deposit be waived because his dog was an emotional support animal needed to assist him with his disability. The veteran provided landlords a letter from his doctor, according to the complaint.

Under the law, assistance animals are not considered pets.

Tue
31
Jan
John Triplett's picture

7 Issues And Answers About Renting To Felons

7 issues and answers about renting to felons

7 issues and answers about renting to felons that landlords and property managers need to know.

By John Triplett

Rental Housing Journal

Are “no-felony-ever” lease clauses dead? We decided to ask this question of an expert in the field of investigations and tenant screenings to follow up all debate last year over whether landlords are required to rent to someone with a felony record.

David Pickron, owner of RentPerfect, an investigative screening company in Arizona, says the days of saying “no-felony-ever” are over for landlords unless the felony is a sex offense.

“We really tackled this hard in April and May of 2016 when the U.S. Department of Housing and Urban Development (HUD) first came out with their guidelines,” PIckron said in an interview. 

Tue
20
Dec
The Editors's picture

HUD Charges Utah Landlord With Discrimination Over Pet Policy

HUD charges discrimination over no pet policy at Salt Lake City apartment complex

An owner and manager of a Salt Lake City apartment complex have been charged with discrimination by the U.S. Department of Housing and Urban Development over failing to rent to a tenant who had an emotional support animal.

The potential tenant had inquired about renting an apartment was told the apartments had a strict “no pets” policy because some tenants are atlergic to dogs and other longtime residents simply do not want animals at the property.

The potential tenant told management “she had paperwork from her doctor prescribing the animal as an emotional support animal, and that the animal was a small dog of about ten pounds.,” according to the complaint.  The tenant had a “disability-related need for an assistance animal and the requested accommodation was necessary to allow her the equal opportunity to use and enjoy a dwelling” at the apartment the complaint states.

Thu
15
Dec
The Editors's picture

Residential Landlord Tenant Update 2016

Residential Landlord Tenant Update 2016

Residential Landlord Tenant Update 2016

By: The Loeffler Law Group PLLC

There have been several important changes in landlord-tenant law in 2016. First, the Seattle City Council enacted an ordinance to require landlords to rent premises on a first-in-time basis. Second, HUD officially took the position that it is improperly discriminatory to adopt a policy rejecting all tenants with a criminal history. Third, Seattle enacted legislation prohibiting discrimination based on source of income. The Washington legislature extended the time period for providing an accounting of security deposits to 21 days and created a mechanism for sealing.

The First-in-Time Ordinance

Wed
16
Nov
John Triplett's picture

Former Oregon Property Management Owner Sentenced To 3 Years

Property management owner sentenced to federal prison

U.S. District Judge Marco A. Hernandez sentenced Cody C. Halsey, 37, a former Oregon property management owner, to 33 months in federal prison followed by three years’ supervised release after he pled guilty in July 2016 to defrauding nearly 250 clients of his former property management companies, according to a release.

Halsey is the former owner of Cascade Community Management and Noah and Associates, both of which were located in Clackamas, Oregon.  Hernandez also ordered Halsey to pay restitution of $1,545,487 to his client victims, according to a release from the U.S. Attorney’s Office for Oregon.

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