Continuing previous patterns, most of the 2023 cases alleged discrimination on the basis of disability; most of the disability discrimination claims alleged failure to make reasonable accommodations, specifically with regard to assistance animals. Explanation: The FHA requires landlords to make reasonable accommodations “necessary to afford a…
In determining whether a landlord has committed discrimination, HUD, fair housing groups, and courts consider not only what policies say but how they’re actually enforced. Rental policies or restrictions that appear neutral on their face will constitute discrimination to the extent they’re selectively enforced based on race, etc. An Idaho…
Possessing a criminal record isn’t a protected class under the FHA. However, statistics show that a disproportionate number of African Americans are arrested and incarcerated in the U.S., as compared to white persons. As a result, a rental policy of excluding any person with a criminal record may constitute what’s called “disparate impact”…
Trees, Limbs and Roots – Liability Issues
Question: . What is the landlord’s responsibility when it comes to trees falling on a tenant’s house. Does it make a difference if it is a hazard tree vs. not a hazard tree? What about roots crossing over a space and causing damage to the home on the tenant’s space or the neighbor’s space? What about…
On the national level, while landlords won roughly two of every three cases in 2023, the most significant fair housing case of the year was a landlord loss. It involved what is rapidly becoming a major source of fair housing litigation, namely, source of income discrimination, which occurs when a landlord excludes an applicant or tenant who has…
Question: My tenant wants to add another person to their Rental Agreement. This new person has completed their application and has been approved. Do I add them to the existing rental agreement? I plan a rent increase in six months; will that be a problem for me with this new tenant?
Introduction. SB 611 amended the Rent Cap law. It became effective on July 6, 2023, meaning that all rent increase notices on or after that date had to conform to the new law. Section 5 of SB 611 applies to mobile home tenancies. It is substantially similar to the existing statute (ORS 90.600) but clarifies things a bit. The only major change is…
Like other real estate businesses, you may be using ChatGPT, Bard, Bing, and other generative AI products, a.k.a. chatbots, for marketing purposes, such as developing advertising strategies, analyzing housing markets, and generating property listings, ads, social media posts, and other marketing content. Just recognize that for all their potential…
