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
Wed
19
Sep
The Editors's picture

‘No Teenagers Please’ Ad Leads To HUD Charge Against Landlord

‘No Teenagers Please’ Ad Leads To HUD Charge Against Landlord

A landlord who posted an ad on Craigslist saying “no teenagers please” has been charged with discriminating against families with children by the U.S. Department of Housing and Urban Development (HUD), according to a release.

The landlord posted an ad saying, "Will accept 2 small children. NO TEENAGERS PLEASE” on Craigslist and the ad was brought to HUD’s attention by the Greater New Orleans Fair Housing Action Center. Read HUD’s charge.

When the HUD tester called the landlord about the ad, the tester was told the landlord "didn't want a bunch of kids. It's a beautiful apartment. It's downstairs and they have another tenant upstairs. I didn't want any teenage kids because of the people that are around the area, homeowners, and the kind of thing that children bring."

Tue
11
Sep
The Editors's picture

Nevada Landlords Settle With HUD Over Sexual Discrimination Allegations

sexual discrimination

A single mother of six filed a sexual discrimination complaint alleging that the manager of her building sexually harassed her and created a hostile living environment, including unwanted touching and sexual comments, according to the release from the U.S. Department of Housing and Urban Development (HUD).

HUD has approved a Conciliation Agreement between Reno, Nevada-based CMS Property Services, LLC, and its property manager and a female tenant, resolving the allegations that the manager sexually harassed the woman. CMS owns and/or manages close to 80 units in the Reno-Sparks area. 

In addition, the woman alleged that CMS attempted to terminate her tenancy and failed to return a rent overpayment of $1,000 because she was unreceptive to the manager's advances.

Tue
11
Sep
The Editors's picture

Raccoon Attack Leads To Lawsuit Against Portland Apartment Complex

raccoon attack on tenant and apartment sued

A tenant in a Portland apartment complex has filed suit after she was bitten by a raccoon on the property while she was walking her dogs, according to reports.

The tenant, Heidi Schultz, filed suit Aug. 31 against Prime Wimbledon SPE, LLC, doing business as the Wimbledon Square and Gardens Apartments, according to Multnomah County Circuit Court records.

Earlier this year a jury has found the same Portland apartment complex failed to make proper repairs to a walkway and awarded $20 million to a man who fell through the walkway.

“I saw something fuzzy under one of the cars,” Schultz told OregonLive.com. “I thought it was a cat. The next thing I know, this thing is launching itself at me and wrapped around my leg.”

Tue
28
Aug
The Editors's picture

Facebook Engaging In Housing Discrimination HUD Charges

The Grace Hill training tip of the week focuses on a Facebook housing discrimination charge by HUD and how Fair Housing Laws apply to social media posts and property management.

Facebook is violating the Fair Housing Act (FHA) by allowing landlords and home sellers to use its advertising platform to engage in housing discrimination, the U.S. Department of Housing and Urban Development (HUD) charges in a housing discrimination complaint.

“Facebook invites advertisers to express unlawful preferences by offering discriminatory options, allowing them to effectively limit housing options for these protected classes under the guise of ‘targeted advertising.’

“The alleged policies and practices of Facebook violate the Fair Housing Act based on race, color, religion, sex, familial status, national origin and disability,” the complaint states.

Tue
21
Aug
The Editors's picture

HUD Charges Apartment Owners With Discrimination Over Newborn Baby

The U.S. Department of Housing and Urban Development (HUD) has charged an apartment complex in South Dakota with discrimination after the complex refused to allow a couple living in a one-bedroom unit to remain in their home after they had a baby.

HUD charged both the owners and their property management company at The Village at Three Fountains in Sioux Falls, S.D. with housing discrimination for refusing to let a couple and their newborn baby stay in their one-bedroom apartment because of the owners' occupancy policies, according to a release.

“Shortly after the new baby arrived, the mother asked representatives of the property management company how long two adults could live in a one-bedroom unit with an infant and was told that since there were three occupying the apartment, they would have to move to a two-bedroom unit,” HUD says in the release.

Tue
21
Aug
The Editors's picture

Big Wall Street Landlords Sued By Tenants

The largest owner and landlord of single-family rental homes in the United States is fighting a class-action lawsuit filed in California that alleges illegal and overly punitive late fees in Arizona, Oregon, California, Washington, Colorado, Utah, Texas and five other states in which it operates.

Invitation Homes, which owns nearly 7,500 properties in Arizona and more than 82,500 properties nationwide, is one of a group of real-estate investment companies that went public and, plaintiffs say, have allowed stockholder demands to unfairly affect how the companies are run. The growth of Wall-Street-owned single-family landlords came after the 2008 financial crisis, when equity companies and institutional investors bought foreclosed homes in bulk.

Mon
30
Jul
The Editors's picture

Portland Requires Landlords List Rental Properties In Annual Business Tax Filings

Portland Requires Landlords List Rental Properties In Annual Business Tax Filings

Portland landlords will be required to register the addresses of all rental properties for a citywide database beginning with the 2018 tax year, the City Council voted.

“A rental registration system will benefit current and potential tenants by giving the city access to real-time data, which will help direct policies to better address Portland’s housing crisis,” said Mayor Ted Wheeler in a press release. The program, called the Residential Rental Registration Program, also allows for routine health and safety inspections of leased properties.

“Quality data in our rental system is something that tenants and landlords have been asking for,” Wheeler told Oregon Public Broadcasting.

Tue
24
Jul
The Editors's picture

Sexual Harassment In Housing Target Of New HUD And Justice Department Campaign

Sexual Harassment In Housing Target Of New HUD And Justice Department Campaign

The U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) have released a new video to raise awareness of sexual harassment in housing and to reach persons who are victimized by it, according to a release.

 To enhance the effectiveness of the campaign, HUD enlisted the assistance of victims to share their experiences and help convey the message that sexual harassment in housing is against the law. Watch the public service announcement (PSA).

The video features three victims of sexual harassment in housing who challenged their mistreatment in lawsuits brought by HUD under the Fair Housing Act. These women share their stories of abuse and the impact the experience they had on their lives.

Mon
16
Jul
The Editors's picture

Florida Court Allows Apartment Company To Pursue Airbnb Claims

Florida Court Allows Apartment Company To Pursue Airbnb Claims

A Florida court has cleared the way for subsidiaries of Apartment Investment And Management Company (Aimco) to pursue claims against the short-term rental giant Airbnb which has intentionally brokered unauthorized short-term rentals at Aimco communities, according to a release.

"The court decisions this week allow us to continue with our case and affirm that Airbnb can be held accountable for the illegal short-term rental activities it knowingly promotes at our communities," Aimco Spokesperson Cindy Lempke, said in the release.

 "Our residents deserve to know their neighbors and to live in a safe, peaceful environment without the disruption of transient vacationers whom Airbnb continues to send to our communities." 

The Miami-Dade 11th Circuit Court this week denied Airbnb's multiple motions to dismiss the lawsuit launched by three Aimco subsidiaries.

Tue
10
Jul
The Editors's picture

Broad Coalition Supports Aimco Lawsuit Against Airbnb

Broad Coalition Supports Aimco Lawsuit Against Airbnb

Multifamily industry organizations, municipal and county government, neighborhoods, hotels and lodging, and homeowners' associations have filed briefs in support of Apartment Investment and Management Company’s (Aimco) lawsuit in California to hold Airbnb legally accountable for brokering and promoting illegal short-term rentals, according to a release.

In June Aimco filed its own Ninth Circuit brief in its appeal of a December 2017 U.S. District Court ruling that the federal Communications Decency Act (CDA) grants Airbnb "immunity" from liability for its brokering of illegal short-term rentals at Aimco's apartment communities.

Pages

Subscribe to RSS - Legal Department