MHCO Article Topics

Fair Housing Act

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

Guest Author
Terry R. Dowdall

The FHAA

In 1988, Congress amended the Fair Housing Act (FHA) to prohibit not just discrimination on the basis of race, color, sex, religion, disability, or national origin, but also included familial status discrimination. Familial status is defined as " one or more individuals (who have not attained the age of 18 years) being domiciled with ...

Fair Housing and Developmental Disabilities

Property Management
MHCO
  1. Inadequate response time to a resident's questions.

In an era when customer relations is the new icon of successful marketing it only makes sense to get back to a resident's question or action-item in a timely manner. What is timely? Within 48 hours, at least tell the customer that you are checking on the matter and will have an answer soon.

Occupancy By Whose Standard - Part 1 of 2

Property Management
MHCO

There is a growing body of case law across the country in which housing providers – both landlords and condo / homeowners’ associations – have lost cases in which they’ve had two-people-per-bedroom policies. At this point, we have not seen a housing provider loose a case with a two-plus-one policy1, so long as it takes into account other factors such as the overall size of the unit.

Lessons From a $76,000 Fair Housing Settlement

Property Management
MHCO

By Jo Becker, Education/Outreach Specialist, Fair Housing Council
Serving Oregon and SW Washington

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.

Mark Busch Q&A: Discrimination Claims by RV Tenants

Mark Busch Questions and Answers
Mark L. Busch

Answer: Generally the short answer is yes, the Federal Fair Housing laws apply to RV rentals. It also does not matter whether the RV rental is a vacation occupancy rental or a long-term rental. The discrimination laws apply either way.

Refresher on Age Restricted Community - "55 and Older Communities"

Community Update
Chuck Carpenter
By: Robert S. Coldren, ESQ and James S. Morse, Esq.If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an older person".

Lessons From a $76,000 Fair Housing Settlement

Community Update
Chuck Carpenter
By Jo Becker, Education/Outreach Specialist, Fair Housing Council Serving Oregon and SW WashingtonIn May 2013, Connecticut complainants were awarded over $76K (before attorneys' fees) by the courts in The U.S.A v. Hylton.

Changing 55 and Older Status and Community Rules

Community Update
Chuck Carpenter
Question: A landlord changed the status of the community from "Family" to "55&Older" in June. Management did not change the rules and regulations. However, they did advertise the community as "55&Older -"; identified that status in the community's Application Criteria; and have met the requirements of the "80/20 Rule". Now the community owner is changing the rules.