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Understanding CARES Eviction Processes and Procedures 8/31/2020
To CARES Act Communities - New Procedures For 30 Day CARES Notice 8/17/2020
Trump Executive Order on Evictions 8/10/2020
Notification to Residents in CARES Act Communities RE: Evictions and Late Fees 7/29/2020
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Is your property covered by the CARES Act? 7/20/2020
New 2020 laws in effect for Utah housing providers 6/18/2020
New Utah 3 Day Pay or Vacate Law 5/7/2020
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Opening Up Amenities 4/29/2020
Stimulus Money - Suggested Tenant Communication 4/17/2020
What CAN I do now with residents who haven't paid? 4/13/2020
Suspension of Pay or Vacate Evictions in Utah 4/1/2020
COVID-19, APRIL RENT, EVICTIONS, END OF THE WORLD AS WE KNOW IT 3/31/2020
Rent Deferment in Response to the Coronavirus Pandemic 3/19/2020
BYU Housing and COVID-19 3/17/2020
Possible Delays In Evictions 3/16/2020
New HUD Guidance on Assistance Animals 1/28/2020
Assistance Animals Update 3/28/2019
Rent Policy Option during a Government Shutdown 1/23/2019
Dealing with Protective Orders 8/3/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part II 2/21/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part I 1/5/2018
Section 8 Landlord Incentive Program 11/27/2017
Part II: Notice to Terminate Lease at the End of the Initial Term – Sec. 8/Sec. 42 Resident or HUD based property 6/14/2017
Part I: Notice to Terminate Lease at the End of the Initial Term – Market Rate Resident 5/31/2017
Legislative Update 2017 – Changes to the Unlawful Detainer Statute 5/11/2017
Important Things to Know About Mold 3/27/2017
3rd Party Requests For Tenant Information or Entry Into Unit 1/12/2017
What to do about trespassers 11/7/2016
Meth survey - We need your help! 8/30/2016
Pools and common areas – Creating proper standards for conduct and attire 6/14/2016
New HUD Guidance on Criminal History of Tenants 4/27/2016
Bed Bugs Part III: Treatment and Prevention 4/4/2016
Bed Bugs Part II: Separating Fact From Fiction 3/21/2016
Bed Bugs Part 1: An Introduction 3/1/2016
Arrests and Criminal Background Checks 2/17/2016
Future Rent And a Landlord's Obligation to Mitigate Damages 2/2/2016
Security Deposits - Landlord's Obligations Under Utah Law 9/16/2015
Abandoned Personal Property 9/1/2015
US Supreme Court affirms disparate impact claims under Fair Housing Act 6/26/2015
Reasonable Modifications for the Disabled- Do I have to pay for it? 6/7/2015
Dealing with a Death in a Rental Unit 6/6/2015
Abandonment 101 - Unpaid Rent, Property In Unit - Now What? 6/4/2015
Abandonment 101: Unpaid Rent, Empty Unit - Now What? 6/3/2015
Tenant Victims of Domestic Violence 6/2/2015
Requalifying Tenants upon Renewal 6/1/2015
US Supreme Court affirms disparate impact claims under Fair Housing Act
Published 6/26/2015
Although HUD and many courts have held that disparate impact is a valid claim under the Federal Fair Housing Act, the United States Supreme Court only this session (2015) agreed with that interpretation. In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the majority of SCOTUS upheld a lower court ruling that disparate impact was a valid claim under the Fair Housing Act.
The 5-4 decision of the Court upheld a remand to the Texas District court for a factual determination of the disparate impact claim. The case surrounded the policy on distribution of funds for low income housing. Texas was accused of violating the Fair Housing Act by awarding the tax credits in a way that kept low income housing out of white neighborhoods. Effectually, the awards of low income tax credits for housing were given to projects in areas that were predominately black and low income. The argument was that by doing so the policy had the impact of perpetuating segregation. Since most of the low income people who would qualify for the tax credit housing were black, keeping the tax credit units in black neighborhoods denied blacks the opportunity to move into areas with better schools and lower crime.
The Court stopped short of ruling that in this case there was disparate impact. In fact, the Court placed several factors that should be considered in determining disparate impact.
Landlords should review their policies and procedures to make sure that they do not have any disparate impact on protected classes. Legal Counsel should be consulted to review the impact of this decision on current operating policies and to assist in making sure that such do not violate the Fair Housing Act. Particular care should be taken to review policies regarding policies regarding acceptance of persons with a criminal history and policies on usage of facilities by children.
The 5-4 decision of the Court upheld a remand to the Texas District court for a factual determination of the disparate impact claim. The case surrounded the policy on distribution of funds for low income housing. Texas was accused of violating the Fair Housing Act by awarding the tax credits in a way that kept low income housing out of white neighborhoods. Effectually, the awards of low income tax credits for housing were given to projects in areas that were predominately black and low income. The argument was that by doing so the policy had the impact of perpetuating segregation. Since most of the low income people who would qualify for the tax credit housing were black, keeping the tax credit units in black neighborhoods denied blacks the opportunity to move into areas with better schools and lower crime.
The Court stopped short of ruling that in this case there was disparate impact. In fact, the Court placed several factors that should be considered in determining disparate impact.
Landlords should review their policies and procedures to make sure that they do not have any disparate impact on protected classes. Legal Counsel should be consulted to review the impact of this decision on current operating policies and to assist in making sure that such do not violate the Fair Housing Act. Particular care should be taken to review policies regarding policies regarding acceptance of persons with a criminal history and policies on usage of facilities by children.
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