HUD Issues Final Rule Related to “Hostile Environment Harassment” Under the Fair Housing Act

On September 14, 2016, HUD issued the final rule entitled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act .

This final rule amends HUD’s fair housing regulations to:

  • Formalize definitions of ‘‘quid pro quo harassment’’ and ‘‘hostile environment harassment’’ under the Fair Housing Act;
  • Formalize standards for evaluating claims of quid pro quo and hostile environment harassment under the Fair Housing Act;
  • Add illustrations of prohibited quid pro quo and hostile environment harassment to HUD’s existing Fair Housing Act regulations; and,
  • Identify traditional principles of direct and vicarious liability applicable to all discriminatory housing practices under the Fair Housing Act, including quid pro quo and hostile environment harassment.

 

A further summary and the full text of the final rule are available after the jump.

Continue reading HUD Issues Final Rule Related to “Hostile Environment Harassment” Under the Fair Housing Act

Federal – Amateur Radio Parity Act of 2016 Passed in U.S. House of Representatives

After months (years) of negotiation and revision, HR 1301 was passed by the U.S. House of Representatives and is on its way to the U.S. Senate for consideration.

According to the Community Associations Institute’s Government Affairs blog, the amended version of HR 1301 provides, among other things, that:

  • HAM radio operators are required to obtain the prior consent of the association to install an outdoor antenna
  • HAM radio operators are prohibited from placing antennas on common property, and
  • associations may establish written rules concerning outdoor HAM radio antennas.

The full text of the bill is available after the jump.

Continue reading Federal – Amateur Radio Parity Act of 2016 Passed in U.S. House of Representatives

Federal – Obama signs H.R. 3700, Housing Opportunity through Modernization Act

The Community Associations Institute Government Affairs Blog reports here that President Obama has signed H.R. 3700, the Housing Opportunity through Modernization Act, making the Act federal law.

According to the patron, Congressman Blaine Luetkemeyer’s (MO-03), the legislation includes provisions to:

  • Ensure that veterans have fair access to housing and homeless assistance programs.
  • Authorize the Rural Housing Service single family housing guaranteed loan program to delegate approval authority to preferred lenders.
  • Extend the period for which a family could use a family unification housing voucher and increase the ceiling for the Family Unification Program voucher age requirement.
  • Provide a thoughtful limitation on public housing tenancy for over-income residents.

And, as reported previously, H.R. 3700 reforms the process used by the Federal Housing Administration (FHA) to determine if condominium unit owners qualify for a mortgage with FHA insurance (FHA does not originate mortgage loans, but instead insures mortgages against default).

The full text of the bill is available after the jump.

Continue reading Federal – Obama signs H.R. 3700, Housing Opportunity through Modernization Act

Virginia – Fredericksburg Association requests City utilize undeveloped, profferred land

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What happens to land proffered during development that is not used by the locality? Usually, nothing.

In 2003 Fredericksburg proffered (required the developer give to the City) a 27-acre site for use as a high school during the development of The Village of Idlewild.  Instead of building a new school on the site, the City rebuilt its James Monroe High School on the existing property.

Now, the City owns several vacant lots within the Village of Idlewild and community association volunteer leaders are asking city officials to put at least one of the lots to better use – to build a park for use by City residents.

Continue reading Virginia – Fredericksburg Association requests City utilize undeveloped, profferred land

Virginia – First Condominium Approved by Fairfax County in Tysons Transformation Plan

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The first condominium to be built under Fairfax County’s plan to transform Tyson’s Corner will be The Arbor, a 25-story luxury high rise on the corner of West Park Drive and the Jones Branch Drive Extension.

Continue reading Virginia – First Condominium Approved by Fairfax County in Tysons Transformation Plan

Virginia – River Mill, a 1,035-home Development, Coming to Henrico in 2017

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On Tuesday, April 12, 2016, the Henrico County Board of Supervisors approved a large new residential development by HHHunt Communities. Construction should begin next year.

According to the Richmond Times-Dispatch (link to article after the jump):

HHHunt Communities plans to build 450 single-family homes, 300 town houses and 285 apartments in what it is calling River Mill. According to documents, homes are expected to start at $340,000, but houses on 80-foot-wide lots along the Chickahominy River will begin at $420,000. Town houses will range from $240,000 to $290,000, and apartments will rent for $780 to $1,500 a month.

Continue reading Virginia – River Mill, a 1,035-home Development, Coming to Henrico in 2017

Federal – HUD Issues Guidance on Use of Criminal Records by Housing Providers

Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions

Last week (April 4, 2016), the U.S. Department of Housing and Urban Development issued official guidance about how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history.

Continue reading Federal – HUD Issues Guidance on Use of Criminal Records by Housing Providers

District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act

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On April 5, 2016, the U.S. Court of Appeals for the D.C. Circuit determined whether the Davis-Bacon Act applies to the construction of CityCenterDC.   According to the Court, CityCenterDC is a large private development in the heart of Washington, D.C. It features upscale retail stores such as Hermès, Boss, and Louis Vuitton; high-end restaurants such as DBGB and Centrolina; the large private law firm of Covington & Burling; and luxury residences.

Continue reading District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act

One lawyer's compilation of online legal resources and comments related to issues involving condominiums, HOAs, timeshares and cooperatives in Virginia and the District of Columbia.