Tag Archives: fair housing

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)

Virginia – 2017 General Assembly Update for Community Associations – Adjournment Sine Die

March 2, 2017 (Reprinted from Vandeventer Black’s Community Association Newsletter)

 This past Saturday, February 25, 2017, the Virginia General Assembly adjourned sine die and will not reconvene again until the “veto” session is scheduled for April 5, 2017.

In all, 2,959 bills and resolutions were introduced during the 2017 session and 242 bills were carried over from the 2016 session.  Of the bills considered, 1,773 were passed by both the Senate and the House of Delegates and forwarded to the Governor for signature.  A total of 1,428 bills failed.  The Governor has already vetoed seven bills and more may still veto more over the next few weeks.

Although some would classify this year’s session, a session immediately following to a Presidential election and immediately prior to a statewide election, as “uneventful,” Vandeventer Black attorneys tracked almost 80 bills affecting community associations during the 2017 session.

Of those 80 bills, we more closely monitored 28 bills directly affecting community associations.  But, all in all, there are few significant changes affecting Virginia community associations, as described below:  Continue reading Virginia – 2017 General Assembly Update for Community Associations – Adjournment Sine Die

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

Colorado – HOA accused of excessive accommodations for senior home

HOA accused of excessive accommodations for senior home

HIGHLANDS RANCH – Frustrated Highlands Ranch residents say their homeowners association is bending the rules too far to accommodate a senior citizen home. The new owner of the house on Forrest Drive, near Cougar Run Elementary School, is converting it from a three-bedroom house to a group home for eight senior citizens with Alzheimer’s or other mental disorders.

Maryland – County Council to consider easing age restricted project requirements

County Council to consider easing age-restricted project requirements

The Anne Arundel County Council will hold a public hearing Monday on a bill that would reduce the percentage of people that must be 55 and older to live in an age-restricted development. The bill, sponsored by County Executive Steve Schuh’s administration, would change the percentage permitted in age-restricted housing developments from 100 percent to 80 percent.

“The Anne Arundel County Council will hold a public hearing Monday on a bill that would reduce the percentage of people that must be 55 and older to live in an age-restricted development…”