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Charles Brown
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Wheeling and Dealing Within the Confines of the Fair Housing Act
Driving around Austin, I notice that almost every apartment community I pass has an advertising banner that promotes some sort of “special” to attract tenants. There is nothing wrong with offering these specials such as “First Month Free” or “No Move-in Costs.” However, if not done properly, offering specials could create a risk of a …
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Responding to the Fair Housing Complaint
Sooner or later it may happen. A tenant will file a complaint against your apartment community claiming you have violated the Fair Housing Act by discriminating against them. A disgruntled former tenant, as their parting shot at you, will most likely make the complaint. After all, it doesn’t cost anything for them to file the …
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Reasonable Modification and Accomodation
Fair housing laws prohibit discrimination against people based on race, color, religion, national origin, sex, familial status or handicap (the “protected classes”). There are two types of unlawful discrimination that apply only to people who are handicapped : (1) Failure to make a reasonable accommodation; and (2) Failure to make reasonable modifications. Reasonable Modifications. You …
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Reasonable Accomodation for Caregivers
Apartment owner has the following problem: Owner’s policy is that all tenants and adult occupants listed on the Lease must meet certain financial criteria. One tenant (“Mom”) wanted her adult son (“Son”) to move in with her. Son did not meet the financial criteria and his application was refused. Mom tells apartment owner that she …
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Prepare to Defend
Is your apartment community ready to respond to a fair housing complaint? Sure, you would be able to reply with my six-year-old’s favorite “liar, liar, pants on fire” defense. Or maybe you could use my four-year-old’s favorite – a forceful “did not!” accompanied by a stern look. But do you wonder whether you can you …
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Occupancy Standards – Time to Review Your Policy
If you have not reviewed and modified your occupancy standards in the last year, you may be in violation of the fair housing laws. What do occupancy standards have to do with fair housing laws? Occupancy standards may be a violation of the fair housing laws if they unfairly limit the housing options because of …
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Mental Illness and Fair Housing Laws – They Don’t Mix Easily
The manager of an apartment community called me recently, and our conversation went something like this: Manager: One of our residents is acting very strangely and I’m not sure what to do about it. He sends notes to the management office complaining about other residents yelling at him all night long. He told me he …
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Good News for Apartment Owners from the Supreme Court
Most of you apartment owners out there own your property in some type of legal entity such as a Limited Partnership (“LP”), Limited Liability Company (LLC) or a Corporation. The most common form of ownership of apartments that I see in Texas is a Limited Partnership that has a corporation or an LLC as its …
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Fair Housing Q&A
Q. Are race, color, religion, sex, national origin, familial status and handicap the only protected classes? A. These seven categories are the only protected classes under the Fair Housing Amendments Act of 1988. However, many state and local governments often have their own laws and ordinances making housing discrimination illegal, and may include categories in …
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Do I Have to Lease to This Jerk?
As an attorney, I represent property management companies and provide legal advice to apartment managers. Periodically, I have a conversation with a client that goes something like this: Manager: This guy came in this week and applied for an apartment. He is really obnoxious and I get “bad vibes” from him. Do I have to …
