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
Mon
14
Aug
The Editors's picture

Landlords Appeal Ruling In Tenant Relocation Lawsuit

No cause evictions and tenant relocation issues are tied together

Portland landlords, who lost the first round in a lawsuit against the Portland tenant relocation ordinance back in July, have filed an appeal to the judge’s ruling.

The two Portland landlords last February claimed the ordinance, backed by Portland City Councilwoman Chloe Eudaly, the “Tenant Relocation Ordinance,” violated Oregon statutes and the Oregon Constitution.

They filed the appeal with the Appellate Court Administrator in Salem seeking to overturn the judgment entered in the case back in July, signed by Judge Henry Breithaupt, in the Multnomah County Circuit Court.

Thu
10
Aug
The Editors's picture

Landlords Settle Fair Housing Pet Discrimination Case For $72,000

Pet discrimination case settled

Northern California landlords have settled pet discrimination allegations that they and their agents discriminated against a female tenant with disabilities who requires an assistance animal, according to a release from the U.S. Department of Housing and Urban Development.

Fair Housing Advocates of Northern California (FHANC) filed a complaint alleging that the owner of the properties (Shultz Investment Co.), representatives of its management company (Greenbrae Management, Inc.) and its leasing agents discriminated against a resident who has a medical condition and required a service dog at the Bon Air Apartments in Greenbrae, California.

Tue
11
Jul
John Triplett's picture

Portland Landlords Lose First Round In Suit Against Relocation Ordinance

Portland landlords lose first round in suit against city relocation ordinance

A judge has ruled in Circuit Court in Portland against landlords who had challenged the city’s relocation ordinance passed earlier this year.

Judge Henry Breithaupt, a tax court judge sitting in Circuit Court, upheld the relocation assistance ordinance and ruled against the landlords’ argument that the relocation ordinance amounted to rent control and illegally sought to stop no cause evictions.

The city’s law allows tenants to collect between $2,900 and $4,500 when landlords use no-cause evictions or raise rents more than 10 percent in a year. Portland’s ordinance is set to expire in October along with the City Council’s housing emergency declaration.

“There were three things happening at the same time to put it in perspective,” John DiLorenzo Jr, the attorney representing landlords, told Rental Housing Journal.

Fri
07
Jul
The Editors's picture

Rent Control And No Cause Evictions Bill Dies In Senate

Rent control and no cause evictions bill dies in Oregon Senate

Controversial legislation to remove the state-wide ban on rent control in Oregon and to set new rules for no-cause evictions has died in the Oregon Senate, according to reports.

The bill, HB 2004 , passed the Oregon House 31-27 in April, but lacked support in the more conservative Senate and failed after several attempts to amend it.

Tue
27
Jun
John Triplett's picture

Fix And Flipper In Colorado Pleads Guilty To Fraud

Colorado fix and flipper pleads guilty to fraud in federal court

A Colorado home fix and flipper who owed Homesource Partners, Inc, and formerly ran a “We Buy Ugly Houses” franchise, has pleaded guilty in federal court one count of wire fraud and one count of engaging in a monetary transaction in property derived from wire fraud, according to a release from the U.S. Attorney.

Karen Lynn McClaflin, 58, of Colorado Springs, Colorado, pled guilty to fraud that involved having multiple real estate investors invest in the same property and occasionally forging the signature of other real estate investors, according to the release.

According to the stipulated facts contained in the plea agreement, in December 2005, McClaflin and a partner opened a franchise of “We Buy Ugly Houses” named Trademark Properties and Trademark Reality (“Trademark”) in Colorado Springs.

Fri
23
Jun
The Editors's picture

Seattle Landlords Will Now Have To Provide Tenants Voter Information

New Seattle ordinance says landlords must provider voter information to new tenants

The Seattle City Council has approved a new ordinance that requires landlords to provide new tenants with voter-registration information, according to reports.

Currently when new tenants move in, landlords are already required to give them a large number of documents prepared by the Seattle Department of Construction and Inspections (SDCI), that outlines their rights as tenants. The documents amount to about 15 pages, and the new voter ordinance would add two more pages to what landlords need to provide. Landlords have the option of downloading the packet online and printing it out.

The council passed the new ordinance by a vote of 6-0.

The ordinance has met with a mixed reaction from landlord groups.

Tue
20
Jun
The Editors's picture

Seattle May Restrict Landlords’ Questions About Tenant Criminal Backgrounds

Seattle wants to restrict criminal background questions landlords can ask tenants

The City of Seattle is planning soon to take up legislation that would restrict landlords’ questions about prospective tenants’ criminal backgrounds, according to several reports.

This move is part of Seattle Mayor Ed Murray’s “action plan to address Seattle’s affordability crisis,” according to his Roadmap to an Affordable and Livable City.

There are few details available yet on when this will go to the council for review. Here is what the mayor’s roadmap says on the issue of criminal backgrounds and tenants in Seattle:

Tue
13
Jun
The Editors's picture

Landlord To Pay $20,000 To Settle Pet Discrimination Case

Landlord agrees to settle pet discrimination case in Reno, Nevada

The owner of several Reno, Nevada apartment complexes has agreed to pay $20,000 to settle allegations pet discrimination and Fair Housing Act violations involving requiring pet deposits from prospective tenants who require assistance animals, according to a release.

The Silver State Fair Housing Council filed four complaints against the owner and manager of Silver Lake Apartments, Vale Townhomes, Oak Manor Apartments and Angel Street Apartments with the U.S. Department of Housing and Urban Development (HUD).  These complaints allege ERGS, Inc. and Silver Lake Apartments, LLC discriminated against prospective tenants who required assistance animals by requiring applicants who required support animals to pay a pet deposit fee.  

Mon
12
Jun
The Editors's picture

Man Who Shot Portland Property Managers Sentenced to 13 Years

Man who shot Portland property managers sentenced to 13 years in prison

A man who shot two employees working as property managers at the Cascadian Terrace Apartments in Portland during an eviction last December has been sentenced to 13 and a half years in prison, according to reports.

Reynaldo Diaz Cabrera who pleaded no contest in April to two counts of attempted murder was formally sentenced in May.

The two managers for Guardian Real Estate Services, working at Portland's Cascadian Terrace Apartments developed by Community Development Partners, were shot and wounded by Cabrera during an eviction.

Thu
08
Jun
The Editors's picture

Apartment Management Company Steps Up Airbnb Lawsuit

Landlord and property management company steps up Airbnb lawsuit

A large landlord and property management company has amended its Airbnb lawsuit to seek class action status on behalf of all property owners harmed by Airbnb, according to a release.

Apartment Investment and Management Company (Aimco), headquartered in Denver, Colorado,   has filed an amended complaint against Airbnb in the Superior Court of California seeking injunctive relief and restitution under that state's Unfair Competition Law and broadening its claims to include all apartment owners whose properties have been rented without Airbnb's first obtaining their permission. Aimco also filed an amended complaint in its second lawsuit against Airbnb in Miami-Dade County, Florida, Circuit Court.

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