Fair Housing Act

Hoarding as a Fair Housing Issue: Beyond Reality TV

 

Hoarding is distinct from simply building a collection, which is usually displayed with pride, or letting a few days of dishes and laundry pile up when life gets busy. A person who has been diagnosed with hoarding has a disability under the Fair Housing Act1.

 

Hoarding has been added to the DSM-5, the latest version of the American Psychiatric Association’s classification and diagnostic tool, and is now recognized as diagnosable condition independent of other mental health conditions.

 

Since hoarding disorder is a disability under the Fair Housing Act, these individuals have the right to request a reasonable accommodation (RA) from a housing provider. 

Revisiting Rules and Regulations in All-Age Communities: Unenforceable Rules Trumped by Familial Status Rights

The federal Fair Housing Amendments Act (FHAA) of 1988 created a new protected class of "familial status." In California, the federal courts have addressed these requirements by ruling that "all age" communities may not discriminate against children, no more than management can discriminate against any other protected class. This article is addressed to the need for continuing concerns over rule and regulation content and enforcement. This guidance comes from a case brought against Plaza Mobile Estates, defended by this office.

Occupancy By Whose Standard - Part 2 of 2

In our last article, we looked at the work of Tim Iglesias and the legal implications of, as well as the disparate impact of overly restrictive occupancy standards, including two-people-per-bedroom policies.

In this article, the last in the two-part series, the work of Ellen Pader, an anthropologist and Associate Director of the Housing Research Center at the University of Massachusetts Amherst we look at the historical and cultural perspectives behind our country’s occupancy policies.

Lessons From a $76,000 Fair Housing Settlement

In May 2013, Connecticut complainants were awarded over $76K (before attorneys’ fees) by the courts in The U.S.A v. Hylton. This is a rental case but the ruling holds several important legal lessons for any housing provider.

The complaint alleged that the Hyltons, a Black married couple, violated the Fair Housing Act (FHA) by refusing to allow a mixed-race couple, the Bilbos, to sublet their unit to a Black woman with children because they did not want "too many Blacks" at the property.