Articles

Dealing with Public Nuisance Ordinances

Posted by Stephen Marshall on

Dealing with Public Nuisance Ordinances

“This can’t be happening!”, John said, as he opened the mail and read the letter inside. John and his wife, Becky, had just endured a rough few months with their last tenants. The tenants had gotten arrested a few months ago for Possession of Marijuana. John and Becky learned of the arrested when they received a letter one day from the local police department that was titled Public Nuisance Warning. The letter notified them of the arrest of their tenants and told them that if it happened more than twice in year that they could be fined and their property...

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How to Non-Renew a Lease

Posted by Stephen Marshall on

How to Non-Renew a Lease

I’ve gotten a lot of questions recently about a landlord’s ability to refuse to renew a lease, and it seems like there’s a lot of misinformation out there. Most landlords have heard that they can “non-renew a lease for any reason” or that they “don’t have to give a reason”. Both statements are partly true, but don’t tell the entire story. That’s my goal today. Unless the lease says otherwise, a landlord is free to refuse to renew a lease for any reason that is (1) non-discriminatory and (2) non-retaliatory. In other words, you can refuse to renew a lease...

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A Review of Important Fair Housing Cases

Posted by Stephen Marshall on

A Review of Important Fair Housing Cases

In last week’s post, we reviewed some statistics on housing discrimination complaints filed in 2017. One positive note from that review was that landlords are rarely found to have committed acts of housing discrimination. This week, I want to look at some cases across the country that shed light on some important topics in Fair Housing. One of several lessons from this week’s review: while housing discrimination might be rare, it can be very costly for landlords. Here are four cases that illustrate that point and give us lessons to consider: Case #1 - Fair Housing Center of West Michigan...

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Fair Housing Trends: What Landlords Need to Know

Posted by Stephen Marshall on

Fair Housing Trends: What Landlords Need to Know

Every year, the National Fair Housing Alliance issues a report on Fair Housing Trends from the prior year. The report reviews the most recent data on claims of housing discrimination across the country. In April 2018, the NFHA’s 2018 Fair Housing Trends Report was released. You can read the full report using this link. Here are the highlights: I’m always most interested in two things in the report: (1) statistics on housing discrimination claims and (2) important housing discrimination cases. Today, I’m just going to review the statistical data regarding the housing discrimination complaints filed in 2017. 2017 Housing Discrimination...

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Kentucky's New Assistance Animal Law: What Landlords Need to Know

Posted by Stephen Marshall on

Kentucky's New Assistance Animal Law: What Landlords Need to Know

In 2018, Kentucky joined a growing list of states that have passed laws addressing fraudulent conduct by tenants and others attempting to get an Assistance Animal. KRS 383.085 makes it a criminal offense for any person to knowingly provide false information or documents in an attempt to get an Assistance Animal in housing. Check out this post to find out the details on Kentucky's version of the law.

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