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…………….
The recent water crisis in Flint, Michigan has gained regional and national headlines and caused a great deal of controversy
The Community Associations Institute estimates that over 25 million American homes are governed by Homeowner Associations (HOAs), which work to