Tag Archives: discrimination

District of Columbia – Wilfred Welsh v. Beverly McNeil and Alvin Elliott (D.C. Court of Appeals)

On June 29 2017, the District of Columbia Court of Appeals issued a decision in Wilfred Welsh v. Beverly McNeil and Alvin Elliott (argued more than a year earlier, on May 12, 2016 and embedded below).

In a decision that could impact conduct by an individual director and have a chilling effect on actions by individual members, the Court held that a board’s granting of a waiver on behalf of the association bound the entire association, including individual members, precluding them from enforcing a restrictive covenant.

The Court also ruled that an individual director could be personally liable under the Fair Housing laws and D.C. human rights law for certain behaviors.  The matter was remanded back to Superior Court for review, so more to come…

Wilfred Welsh v. Beverly McNeil and Alvin Elliott (D.C. Court of Appeals)

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 – 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

New York – Cove Club Condo Drops Eviction Suit Against Service Dog Owner, But Discrimination Case Against Condo Will Press On

Cove Club Condo Drops Eviction Suit Against Service Dog Owner, But Discrimination Case Presses OnThe Cove Club Condominium in Battery Park City has halted eviction proceedings against a deaf, 76-year-old deaf resident who has kept a service dog since 2012. The condo board moved to dismiss the eviction action against Roman Erihkman, according to court filings. However, the discrimination lawsuit against the condo board filed by the New York…

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Kentucky – Lawsuit names Garrard homeowners’ association

Lawsuit names Garrard homeowners’ associationLANCASTER – A disabled couple from northern Garrard County, with help from the Kentucky Commission on Human Rights, have filed a lawsuit against a subdivision homeowners’ group alleging discrimination. The KCHR filed the complaint in Garrard Circuit Court last week on behalf of Clay and Susan Horn against the Natures Trace Homeowners Association.

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Minnesota – Feds sue Minnetonka condo over its ban on playing in grass

Feds sue Minnetonka condo over its ban on playing in grassA large Minnetonka condominium complex’s ban on playing in the grass has drawn a lawsuit from federal officials contending that the policy illegally discriminates against families with children. The lawsuit, which was filed Monday in U.S. District Court in Minneapolis by U.S.

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Minnesota – Justice Department Charges Minn. Condominium Association, Management Company and Property Manager with Discrimination Against Families with Children

Justice Department Charges Minn. Condominium Association, Management Company and Property Manager with Discrimination Against Families with ChildrenWritten by Press Release Category: Federal and International Washington, DC-(ENEWSPF)-November 25, 2013. The Justice Department filed a lawsuit today against the homeowner’s association, management company and property manager of a Minnetonka, Minn., condominium complex, alleging that they discriminated against families with children in violation of the Fair Housing Act.

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California – Blackhawk couple sue, claim family status bias

Blackhawk couple sue, claim family status biasAn Oakland police sergeant is suing the homeowner association of his Blackhawk neighborhood in federal court, saying his kids have been barred from playing outside, going trick-or-treating and hanging Christmas decorations. The suit, filed Wednesday in U.S.

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