Community Association Liability – Neighbor to Neighbor Discrimination

There is a dangerous trend being established by the U.S. Department of Housing and Urban Development (“HUD”) under the Federal Fair Housing Act (the “Act”) and the enforcement of the Act of which community associations must be aware.  On April 4, 2016, HUD’s General Counsel issued guidance regarding the application of the Act on the use of criminal arrests and convictions by community associations to screen potential purchasers and renters. Pursuant to this guidance, HUD provides a three element standard by which criminal history-based screening provisions are evaluated: (1) whether the criminal history policy or practice has a discriminatory effect; (2) whether the criminal history policy or practice is necessary to achieve a substantial, legitimate, non-discriminatory interest; and (3) whether there is a less discriminatory alternative.     Read the article…………….


Related Articles

Controlling Your Insurance Claim – Community Associations Beware Something for Nothing

Whenever a casualty to property occurs – a fire, water leak, windstorm damage – community associations are often faced with

Florida Homeowner Associations and Federal Income Tax Considerations

HOAs have two options for purposes of federal income taxation: (i) an election under Section 528 of the Internal Revenue

Prepare Your Trees for Spring in 4 Easy Steps

New blooms, warm rain, and bright sunshine are just a few reasons to love spring. Sleeping plants slowly awaken and