Articles — fair housing

A New Protected Class and Updates on State Legislation

Posted by Stephen Marshall on

A New Protected Class and Updates on State Legislation

Greetings from a very icy Lexington, Kentucky. We’ve had some new developments that I wanted to update you about: (ANOTHER) NEW FAIR HOUSING EXECUTIVE ORDER  President Biden also signed an Executive Order asking federal government agencies to review laws that prohibit discrimination based on sex and to enforce those laws against discrimination based on Sexual Orientation and Gender Identity.  In response, earlier today HUD issued a memo that they would be interpreting the Fair Housing Act as prohibiting housing discrimination based on Sexual Orientation and Gender Identity throughout the country. HUD and its state and local agencies will now be...

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The CDC Eviction Moratorium, Rental Assistance, and Fair Housing Update

Posted by Stephen Marshall on

The CDC Eviction Moratorium, Rental Assistance, and Fair Housing Update

As we close out the first month of 2021, I hope your new year has gotten off to a good start. We’ve had some new developments in the rental industry, so here’s your update on where things stand: CDC Eviction Moratorium Likely to Be Extended  In my last update, I noted that it was almost certain that President Biden would seek to extend the moratorium beyond January 31. On his first day in office, he signed an Executive Order asking the CDC to extend their Eviction Moratorium through March 31, 2021, and they have agreed to do so.  He has...

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Updates on Eviction Hearings, Jury Trials, and Fair Housing Lawsuits

Posted by Stephen Marshall on

Updates on Eviction Hearings, Jury Trials, and Fair Housing Lawsuits

I have two announcements today, both for Fayette County folks, and a Fair Housing update. JURY TRIALS POSTPONED First, all jury trials in Fayette County have been postponed until February. So, if you have a forcible detainer jury trial scheduled for November, December, or January, it has been postponed and you will get a new court date. NO IN-PERSON EVICTIONS DURING NOVEMBER Second, evictions in Fayette County will be done remotely during the month of November. That means if you have an eviction scheduled this month, you will need to contact the Fayette District Judges’ Office at (859) 246-2247 within...

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Revisions to Kentucky's Assistance Animal Law (KRS 383.085): What Landlords Need to Know

Posted by Stephen Marshall on

Revisions to Kentucky's Assistance Animal Law (KRS 383.085): What Landlords Need to Know

Anyone who has been paying attention in the rental industry over the past few years is aware of the explosion of requests for Assistance Animals by tenants and those seeking to live in rental housing. While such requests used to limited to those with physical disabilities seeking to have their service dog live with them to guide their path, pull their wheelchair, or alert them to an oncoming seizure, most requests today are for Emotional Support Animals.  Such animals are typically untrained, with the theory being that their very presence alleviates the symptoms of a mental or emotional disability. Due...

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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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