041708 department of justice 40th anniversaryVogelDenise
The Department of Justice hosted a ceremony celebrating the 40th anniversary of the Fair Housing Act. The keynote speaker was Stephen J. Pollak, who was Assistant Attorney General for the Civil Rights Division when the Act was passed. In fiscal year 2007, the DOJ conducted over 500 paired tests for housing discrimination and filed 33 lawsuits alleging unlawful housing discrimination, resulting in over $7 million in damages. The DOJ has also successfully prosecuted over 60 defendants for criminal violations of the Fair Housing Act, such as cross burnings intended to interfere with victims' housing rights.
The document discusses ethics, fair housing laws, and trust funds as they relate to real estate. It provides an overview of federal and state fair housing laws that prohibit discrimination in housing based on attributes such as race, color, religion, sex, disability, and familial status. It also outlines rules for handling trust funds, noting that funds must be deposited or given to clients within three days and that commingling funds is prohibited. Sexual harassment in the workplace is also discussed.
This document summarizes various laws related to discrimination in employment, including Title VII of the Civil Rights Act (prohibiting discrimination based on race, color, religion, sex, or national origin), Title IX (prohibiting gender discrimination in education), the Equal Protection Clause of the 14th Amendment (prohibiting discrimination by state governments), the Age Discrimination in Employment Act (ADEA, prohibiting age discrimination), and the Americans with Disabilities Act (ADA, prohibiting disability discrimination). It also discusses types of sexual harassment, disparate treatment and disparate impact claims under Title VII, and different levels of scrutiny (strict, intermediate, rational basis) used in equal protection cases.
The Illinois Department of Human Rights (IDHR) enforces laws against housing discrimination in Illinois. IDHR investigates complaints of housing discrimination based on protected classes such as race, disability, familial status, and others. Housing discrimination continues to be a problem and takes many forms such as unequal treatment, discriminatory advertising, and perpetuation of segregation. To report housing discrimination, people should document any issues, report possible violations to enforcement agencies, and be aware of their rights and responsibilities under fair housing laws.
The document provides an overview of copyright law and strategies for avoiding infringement. It discusses key aspects of copyright including what can be protected, how long copyright lasts, registration, and enforcement. It summarizes the "Blurred Lines" copyright dispute case where Pharrell Williams was found to have infringed on Marvin Gaye's song. The document recommends strategies like considering settlements, clearing potential infringement issues, actively licensing copyrighted material, and using royalty-free or Creative Commons music. It also discusses international copyright treaties and protections.
Comparative study of the right of publicitySangyoon Kang
This document provides a comparative study of the right of publicity laws in the United States and South Korea. It discusses how the right developed differently in each country. In the US, the right originated from privacy laws and is now recognized by common law and statute in most states. It protects a person's name, image, and likeness. In South Korea, the right is still developing and being debated, with some courts recognizing it and others not without statutory law. Issues around international jurisdiction and cross-border infringement of the right are also discussed.
ACI's 20th National Conference on Consumer Finance Class Actions & Litigation with expert defense strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions in the consumer finance industry.
The document provides an overview of fair housing laws in the United States, including:
- The Fair Housing Act of 1968 prohibited housing discrimination based on race, color, religion, sex, or national origin.
- Amendments in 1988 added disability and familial status as protected classes.
- The Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 further prohibit disability discrimination and require reasonable accommodations and modifications.
- Housing providers must allow reasonable modifications and accommodations for tenants with disabilities but are allowed to take action if a modification poses a direct threat to others.
041708 department of justice 40th anniversaryVogelDenise
The Department of Justice hosted a ceremony celebrating the 40th anniversary of the Fair Housing Act. The keynote speaker was Stephen J. Pollak, who was Assistant Attorney General for the Civil Rights Division when the Act was passed. In fiscal year 2007, the DOJ conducted over 500 paired tests for housing discrimination and filed 33 lawsuits alleging unlawful housing discrimination, resulting in over $7 million in damages. The DOJ has also successfully prosecuted over 60 defendants for criminal violations of the Fair Housing Act, such as cross burnings intended to interfere with victims' housing rights.
The document discusses ethics, fair housing laws, and trust funds as they relate to real estate. It provides an overview of federal and state fair housing laws that prohibit discrimination in housing based on attributes such as race, color, religion, sex, disability, and familial status. It also outlines rules for handling trust funds, noting that funds must be deposited or given to clients within three days and that commingling funds is prohibited. Sexual harassment in the workplace is also discussed.
This document summarizes various laws related to discrimination in employment, including Title VII of the Civil Rights Act (prohibiting discrimination based on race, color, religion, sex, or national origin), Title IX (prohibiting gender discrimination in education), the Equal Protection Clause of the 14th Amendment (prohibiting discrimination by state governments), the Age Discrimination in Employment Act (ADEA, prohibiting age discrimination), and the Americans with Disabilities Act (ADA, prohibiting disability discrimination). It also discusses types of sexual harassment, disparate treatment and disparate impact claims under Title VII, and different levels of scrutiny (strict, intermediate, rational basis) used in equal protection cases.
The Illinois Department of Human Rights (IDHR) enforces laws against housing discrimination in Illinois. IDHR investigates complaints of housing discrimination based on protected classes such as race, disability, familial status, and others. Housing discrimination continues to be a problem and takes many forms such as unequal treatment, discriminatory advertising, and perpetuation of segregation. To report housing discrimination, people should document any issues, report possible violations to enforcement agencies, and be aware of their rights and responsibilities under fair housing laws.
The document provides an overview of copyright law and strategies for avoiding infringement. It discusses key aspects of copyright including what can be protected, how long copyright lasts, registration, and enforcement. It summarizes the "Blurred Lines" copyright dispute case where Pharrell Williams was found to have infringed on Marvin Gaye's song. The document recommends strategies like considering settlements, clearing potential infringement issues, actively licensing copyrighted material, and using royalty-free or Creative Commons music. It also discusses international copyright treaties and protections.
Comparative study of the right of publicitySangyoon Kang
This document provides a comparative study of the right of publicity laws in the United States and South Korea. It discusses how the right developed differently in each country. In the US, the right originated from privacy laws and is now recognized by common law and statute in most states. It protects a person's name, image, and likeness. In South Korea, the right is still developing and being debated, with some courts recognizing it and others not without statutory law. Issues around international jurisdiction and cross-border infringement of the right are also discussed.
ACI's 20th National Conference on Consumer Finance Class Actions & Litigation with expert defense strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions in the consumer finance industry.
The document provides an overview of fair housing laws in the United States, including:
- The Fair Housing Act of 1968 prohibited housing discrimination based on race, color, religion, sex, or national origin.
- Amendments in 1988 added disability and familial status as protected classes.
- The Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 further prohibit disability discrimination and require reasonable accommodations and modifications.
- Housing providers must allow reasonable modifications and accommodations for tenants with disabilities but are allowed to take action if a modification poses a direct threat to others.
The document provides information on housing counseling and direct services for homeowners transitioning to rental housing. It discusses the current housing landscape and trends of increased renting. It also outlines homeowners' rights under the Fair Housing Act and Equal Credit Opportunity Act. The presentation covers the rental process including locating a unit, applying, signing a lease, and obtaining renters insurance. The goal is to assist clients through the transition and ensure a comfortable, affordable rental situation.
LCAR Unit 16 - Ethical Practices and Fair Housing - 14th Edition RevisedTom Blefko
The document discusses fair housing laws and ethical practices in real estate. It provides examples of discrimination testing in Allentown, PA and Long Island, NY that found minorities were treated differently in most cases. Federal and state laws like the Fair Housing Act prohibit discrimination in housing based on protected classes. Violations can result in fines or lawsuits. The implications for real estate professionals are to avoid practices like steering, blocking busting, or discriminatory advertising and follow guidelines to ensure fair treatment of all homebuyers.
LCAR Unit 16 - Ethical Practices and Fair Housing - 14th Edition RevisedTom Blefko
The document discusses testing done in Allentown, PA and Long Island, NY that found evidence of housing discrimination. In Allentown, tests with white and minority homebuyers found different treatment in 73% of cases. In Long Island, tests found Asians, Hispanics, and Blacks were treated differently 19%, 39%, and 49% of the time respectively. The document then outlines numerous US laws that prohibit housing discrimination based on protected classes like race, religion, familial status and disability. It discusses definitions, exemptions, and requirements regarding issues like service animals and accessibility accommodations. Real estate agents and brokers must comply with these fair housing laws.
LCAR Unit 16 - Ethical Practices and Fair Housing - 14th Edition RevisedTom Blefko
The document discusses fair housing laws and ethical practices in real estate. It provides examples of housing discrimination tests conducted in Allentown, PA and Long Island, NY that found minorities were treated differently a majority of the time. It outlines federal, state, and local laws prohibiting housing discrimination and exemptions. Real estate agents and brokers must comply with these laws and avoid practices like steering, blockbusting, discriminatory advertising, and redlining. Violations can result in fines, damages payments, license suspension, and other penalties.
12.2.2 gongwer news service (ohio 2011 network enhancements release)hmhollingsworth
This document summarizes testimony given at an Ohio Senate committee hearing on a bill (SB 172) that would allow landlords to collect unpaid rent by deducting money from a tenant's tax refund. Housing advocates and attorneys argued against the bill, saying it favors landlords over tenants and allows the state to act as a debt collector for private entities. Supporters of the bill, like the bill's sponsor, argued it helps landlords recover money from tenants who breach rental agreements. The committee heard differing perspectives on balancing the interests of tenants and landlords.
Real estate principles_powerpoint_for_chapter_22Morten Andersen
This document summarizes key laws and concepts related to fair housing, equal credit, and community reinvestment. It outlines protections against discrimination in housing based on race, color, religion, sex, national origin, family status, and handicap established by the Fair Housing Act. The document also discusses the Americans with Disabilities Act, Equal Credit Opportunity Act, and Community Reinvestment Act. It defines illegal housing practices such as steering, blockbusting, and discriminating in lending. Protected classes, covered housing, and requirements for financial institutions are also outlined.
The document summarizes the work and mission of the Housing Research & Advocacy Center. It discusses the history of housing discrimination in the US and the passage of the Fair Housing Act. It then outlines the Center's activities in 2013 which included conducting research on housing patterns, filing fair housing complaints, providing education and outreach, and advocating for fair housing rights. The Center aims to promote fair housing, eliminate housing discrimination, and encourage inclusive communities in Northeast Ohio.
This document summarizes five critical issues for commercial landlords:
1. Developments in disabled access law and new disclosure requirements for commercial leases regarding accessibility inspections.
2. Free speech rights of protesters on private commercial properties.
3. How a recent court ruling affects using contract terms to defend against fraud claims.
4. Landlords' rights when a tenant files for bankruptcy.
5. Issues around the enforceability of stipulated judgments as settlements to litigation.
The Housing Center has promoted fair housing in Northeast Ohio since 1983 through research, education, enforcement, and advocacy efforts. Their research includes reports on impediments to fair housing, lending disparities, and housing discrimination. They educate housing professionals and the public through trainings, programs, presentations, and multilingual materials. The Housing Center also monitors the housing market for discriminatory practices and advocates for effective fair housing laws and collaborations. Their mission is to eliminate housing discrimination and promote diverse communities through research, education, and advocacy.
The document provides information about source of income discrimination in housing and resources for addressing it. It defines source of income discrimination as the refusal to rent to someone based on their use of housing vouchers, SSI, or other legal sources of income to pay rent. It advises readers who believe they have experienced such discrimination to document interactions, identify the problem, know local housing laws, and seek help by contacting landlords, fair housing organizations, or filing complaints with local agencies. Resources are provided for learning more about source of income protections and addressing discrimination.
Ch 6 financial agencies and lending programsdjohnston5
This document summarizes various US government agencies and programs that provide agricultural and residential lending and housing assistance. It outlines the roles of the Farm Credit System, USDA Rural Development, HUD, FHA, Ginnie Mae, RESPA, ECOA, and state and local financing programs in California. It also discusses the goals and requirements of key acts like RESPA, ECOA, and the Holden Act that aim to expand access to credit and protect homeowners.
This document summarizes key issues regarding Airbnb income affecting mortgage refinancing. Some large banks now consider homes used for Airbnb as investment properties rather than primary residences. This can impact the type of loan and interest rates borrowers qualify for. Specifically, one borrower was told his interest rate may increase by 0.5% after Wells Fargo determined his home was an investment property due to Airbnb rentals. There is currently uncertainty around how banks will treat Airbnb income, so those interested in hosting are advised to consult lawyers.
These are essentially mortgages that the banks knew they did not own, but were willing to break the law in order to put homeowners out on the streets to satisfy their insatiable greed for even more money.
This document provides an outline for a course on eminent domain and condemnation law. It covers topics such as the eminent domain process, calculating just compensation, trial practice and strategy, and legal resources. Key points include the constitutional and legislative authority for eminent domain, the requirement that takings be for public use and with just compensation, methods for determining property value, and defenses to the government's right to take property.
Zack childress reviews is the mortgage mess overZack Childress
There are opportunities right now even when you look at all the actions and law suits and multi-billion dollar settlements that the states and federal regulators are making. Federal regulators are making sluggish progress in their efforts to prod banks to help mortgage borrowers.
Tenants vs. Alameda: How Low-Income Tenants Challenged Housing Discrimination...Rasheed Shabazz
The document discusses a 1987 case called Tenants v. Alameda, in which low-income tenants in Alameda, California sued the city for discriminatory housing policies. Specifically, the tenants argued the city's policies discriminated against low-income renters and African Americans and did not comply with state housing laws. The case was settled out of court with the city agreeing to exempt certain housing developments from restrictive policies and contribute funds to affordable housing. However, the document notes that low-income tenants still face significant political, economic, and social barriers to accessing affordable housing. While litigation provides a mechanism for change, it also has limitations in addressing tenants' immediate needs.
A brief overview of redlining and its impact on black homeownership, residential segregation, and discriminatory lending practices in the United States
The document discusses several court cases related to board authority to impose fines on residents of cooperatives and condominiums, as well as issues around secondhand smoke and family occupancy of cooperative apartments. It summarizes key rulings in cases such as Minkin v. Board of Cortlandt Ridge Homeowners Ass’n, Inc., Gabriel v. Board of Managers of Gallery House Condominium, Cohan v. Board of Directors of 700 Shore Road Waters Edge, Inc., Olszewski v. Cannon Point Ass’n, Inc., 230-79 Equity, Inc. v Frank, 445/86 Owners Corp v. Haydon, Wilson v. Valley Park Estates Owners Corp
Scanning tenants in NYC requires a thorough and compliant approach to ensure you find reliable renters. For a positive rental experience, consider hiring a property management service. Belgium Management LLC specializes in NYC rental property management and tenant relationship management. We prioritize tenant satisfaction, making us a trusted name in New York property management. Our dedicated team ensures tenants feel valued and supported throughout their lease.
Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Termi...Adam Leitman Bailey, P.C.
Adam Leitman Bailey discusses Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Terminating Commercial Leases and the Secrets of How to Negotiate the Best Abatement/Deferment so both Landlord and Tenant are Happy for AmTrust on 7/15
The document provides information on housing counseling and direct services for homeowners transitioning to rental housing. It discusses the current housing landscape and trends of increased renting. It also outlines homeowners' rights under the Fair Housing Act and Equal Credit Opportunity Act. The presentation covers the rental process including locating a unit, applying, signing a lease, and obtaining renters insurance. The goal is to assist clients through the transition and ensure a comfortable, affordable rental situation.
LCAR Unit 16 - Ethical Practices and Fair Housing - 14th Edition RevisedTom Blefko
The document discusses fair housing laws and ethical practices in real estate. It provides examples of discrimination testing in Allentown, PA and Long Island, NY that found minorities were treated differently in most cases. Federal and state laws like the Fair Housing Act prohibit discrimination in housing based on protected classes. Violations can result in fines or lawsuits. The implications for real estate professionals are to avoid practices like steering, blocking busting, or discriminatory advertising and follow guidelines to ensure fair treatment of all homebuyers.
LCAR Unit 16 - Ethical Practices and Fair Housing - 14th Edition RevisedTom Blefko
The document discusses testing done in Allentown, PA and Long Island, NY that found evidence of housing discrimination. In Allentown, tests with white and minority homebuyers found different treatment in 73% of cases. In Long Island, tests found Asians, Hispanics, and Blacks were treated differently 19%, 39%, and 49% of the time respectively. The document then outlines numerous US laws that prohibit housing discrimination based on protected classes like race, religion, familial status and disability. It discusses definitions, exemptions, and requirements regarding issues like service animals and accessibility accommodations. Real estate agents and brokers must comply with these fair housing laws.
LCAR Unit 16 - Ethical Practices and Fair Housing - 14th Edition RevisedTom Blefko
The document discusses fair housing laws and ethical practices in real estate. It provides examples of housing discrimination tests conducted in Allentown, PA and Long Island, NY that found minorities were treated differently a majority of the time. It outlines federal, state, and local laws prohibiting housing discrimination and exemptions. Real estate agents and brokers must comply with these laws and avoid practices like steering, blockbusting, discriminatory advertising, and redlining. Violations can result in fines, damages payments, license suspension, and other penalties.
12.2.2 gongwer news service (ohio 2011 network enhancements release)hmhollingsworth
This document summarizes testimony given at an Ohio Senate committee hearing on a bill (SB 172) that would allow landlords to collect unpaid rent by deducting money from a tenant's tax refund. Housing advocates and attorneys argued against the bill, saying it favors landlords over tenants and allows the state to act as a debt collector for private entities. Supporters of the bill, like the bill's sponsor, argued it helps landlords recover money from tenants who breach rental agreements. The committee heard differing perspectives on balancing the interests of tenants and landlords.
Real estate principles_powerpoint_for_chapter_22Morten Andersen
This document summarizes key laws and concepts related to fair housing, equal credit, and community reinvestment. It outlines protections against discrimination in housing based on race, color, religion, sex, national origin, family status, and handicap established by the Fair Housing Act. The document also discusses the Americans with Disabilities Act, Equal Credit Opportunity Act, and Community Reinvestment Act. It defines illegal housing practices such as steering, blockbusting, and discriminating in lending. Protected classes, covered housing, and requirements for financial institutions are also outlined.
The document summarizes the work and mission of the Housing Research & Advocacy Center. It discusses the history of housing discrimination in the US and the passage of the Fair Housing Act. It then outlines the Center's activities in 2013 which included conducting research on housing patterns, filing fair housing complaints, providing education and outreach, and advocating for fair housing rights. The Center aims to promote fair housing, eliminate housing discrimination, and encourage inclusive communities in Northeast Ohio.
This document summarizes five critical issues for commercial landlords:
1. Developments in disabled access law and new disclosure requirements for commercial leases regarding accessibility inspections.
2. Free speech rights of protesters on private commercial properties.
3. How a recent court ruling affects using contract terms to defend against fraud claims.
4. Landlords' rights when a tenant files for bankruptcy.
5. Issues around the enforceability of stipulated judgments as settlements to litigation.
The Housing Center has promoted fair housing in Northeast Ohio since 1983 through research, education, enforcement, and advocacy efforts. Their research includes reports on impediments to fair housing, lending disparities, and housing discrimination. They educate housing professionals and the public through trainings, programs, presentations, and multilingual materials. The Housing Center also monitors the housing market for discriminatory practices and advocates for effective fair housing laws and collaborations. Their mission is to eliminate housing discrimination and promote diverse communities through research, education, and advocacy.
The document provides information about source of income discrimination in housing and resources for addressing it. It defines source of income discrimination as the refusal to rent to someone based on their use of housing vouchers, SSI, or other legal sources of income to pay rent. It advises readers who believe they have experienced such discrimination to document interactions, identify the problem, know local housing laws, and seek help by contacting landlords, fair housing organizations, or filing complaints with local agencies. Resources are provided for learning more about source of income protections and addressing discrimination.
Ch 6 financial agencies and lending programsdjohnston5
This document summarizes various US government agencies and programs that provide agricultural and residential lending and housing assistance. It outlines the roles of the Farm Credit System, USDA Rural Development, HUD, FHA, Ginnie Mae, RESPA, ECOA, and state and local financing programs in California. It also discusses the goals and requirements of key acts like RESPA, ECOA, and the Holden Act that aim to expand access to credit and protect homeowners.
This document summarizes key issues regarding Airbnb income affecting mortgage refinancing. Some large banks now consider homes used for Airbnb as investment properties rather than primary residences. This can impact the type of loan and interest rates borrowers qualify for. Specifically, one borrower was told his interest rate may increase by 0.5% after Wells Fargo determined his home was an investment property due to Airbnb rentals. There is currently uncertainty around how banks will treat Airbnb income, so those interested in hosting are advised to consult lawyers.
These are essentially mortgages that the banks knew they did not own, but were willing to break the law in order to put homeowners out on the streets to satisfy their insatiable greed for even more money.
This document provides an outline for a course on eminent domain and condemnation law. It covers topics such as the eminent domain process, calculating just compensation, trial practice and strategy, and legal resources. Key points include the constitutional and legislative authority for eminent domain, the requirement that takings be for public use and with just compensation, methods for determining property value, and defenses to the government's right to take property.
Zack childress reviews is the mortgage mess overZack Childress
There are opportunities right now even when you look at all the actions and law suits and multi-billion dollar settlements that the states and federal regulators are making. Federal regulators are making sluggish progress in their efforts to prod banks to help mortgage borrowers.
Tenants vs. Alameda: How Low-Income Tenants Challenged Housing Discrimination...Rasheed Shabazz
The document discusses a 1987 case called Tenants v. Alameda, in which low-income tenants in Alameda, California sued the city for discriminatory housing policies. Specifically, the tenants argued the city's policies discriminated against low-income renters and African Americans and did not comply with state housing laws. The case was settled out of court with the city agreeing to exempt certain housing developments from restrictive policies and contribute funds to affordable housing. However, the document notes that low-income tenants still face significant political, economic, and social barriers to accessing affordable housing. While litigation provides a mechanism for change, it also has limitations in addressing tenants' immediate needs.
A brief overview of redlining and its impact on black homeownership, residential segregation, and discriminatory lending practices in the United States
The document discusses several court cases related to board authority to impose fines on residents of cooperatives and condominiums, as well as issues around secondhand smoke and family occupancy of cooperative apartments. It summarizes key rulings in cases such as Minkin v. Board of Cortlandt Ridge Homeowners Ass’n, Inc., Gabriel v. Board of Managers of Gallery House Condominium, Cohan v. Board of Directors of 700 Shore Road Waters Edge, Inc., Olszewski v. Cannon Point Ass’n, Inc., 230-79 Equity, Inc. v Frank, 445/86 Owners Corp v. Haydon, Wilson v. Valley Park Estates Owners Corp
Scanning tenants in NYC requires a thorough and compliant approach to ensure you find reliable renters. For a positive rental experience, consider hiring a property management service. Belgium Management LLC specializes in NYC rental property management and tenant relationship management. We prioritize tenant satisfaction, making us a trusted name in New York property management. Our dedicated team ensures tenants feel valued and supported throughout their lease.
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Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Termi...Adam Leitman Bailey, P.C.
Adam Leitman Bailey discusses Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Terminating Commercial Leases and the Secrets of How to Negotiate the Best Abatement/Deferment so both Landlord and Tenant are Happy for AmTrust on 7/15
This document summarizes several recent court cases related to landlord liability and tenant harassment. It discusses how the U.S. Court of Appeals for the Second Circuit in Francis v. Kings Park Manor expanded landlord liability under the Fair Housing Act to include failing to address a racially hostile environment created by one tenant targeting another. It also discusses how New York common law typically shields landlords from liability for injuries caused by one tenant to another, unless the landlord had control over the assailant. The document then provides more details on these cases and decisions.
The document discusses key changes to landlord-tenant law in New York resulting from the passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA). It focuses on how the HSTPA has impacted nonpayment eviction proceedings by tenants. Specifically, it examines the traditional "good cause" standard tenants must meet to stay an eviction warrant under RPAPL §749(3), and explores how a new provision under RPAPL §753 allowing tenants to claim "extreme hardship" may provide an additional avenue of relief in such proceedings. The article aims to guide practitioners on navigating nonpayment evictions in light of the new law.
The document summarizes accomplishments of Carolyn Rualo, a partner at Adam Leitman Bailey, P.C. who was named a Trailblazer by the New York Law Journal for her unconventional approaches in handling complex landlord-tenant negotiations. It describes how she successfully negotiated on behalf of a client to avoid costly emergency repairs by the city, and how she is preparing for upcoming rent regulation reforms. It also announces that ALBPC has more female "Rising Stars" than any other New York real estate law firm.
Adam Leitman Bailey and Andrew Jorges were invited to lecture on Common Ways Deals Die and How Brokers Can Bring Them Back to Life for Town Residential.
The document discusses key lease provisions that should be included in commercial leases. It identifies the top 8 lease enforcement provisions for landlords, such as provisions addressing chronic nonpayment of rent, rent acceleration, additional rent, and late charges. It also outlines the top 8 lease provisions for commercial tenants, including mitigation of damages clauses, prevailing party clauses, rights of expansion, and options to renew. The document provides guidance on important default clauses, liquidated damages, arbitration vs litigation, and other legal topics relevant to commercial leasing.
This document discusses different types of easements, including easements appurtenant, easements in gross, easements of necessity, prescriptive easements, and easements by reference to plats and maps. It explains the key elements required to establish each type of easement across various states east of the Mississippi River. The document also notes exceptions and limitations to establishing prescriptive easements in some states. Finally, it discusses rules around reserving easements to third parties through a single deed conveyance.
Lawyers Surviving The Apocalypse; Adam Leitman Bailey, Dov Treiman, and John ...Adam Leitman Bailey, P.C.
This document provides an overview of legal issues related to catastrophic events and commercial real estate. It discusses several key points:
1) Public building owners have a duty to take reasonable steps to prevent foreseeable terrorist attacks on their facilities as attractive targets.
2) Large-scale catastrophes do not necessarily give rise to class action lawsuits, as was the case with renters seeking rent rebates after Superstorm Sandy.
3) While residential leases imply a warranty of habitability, commercial leases follow the common law model of a temporary conveyance, though other grounds for rent abatement can exist depending on the specific lease terms.
Hurricanes account for a small percentage of total natural disaster events but result in over half of estimated insured property losses from 2005 to 2014. Proper preparation before a hurricane includes securing property and keeping copies of important records. Business interruption insurance can help cover losses from closure during and after a storm. After a hurricane, property owners must decide whether to rebuild or not based on damage and insurance coverage.
The latest news and insights from the team at Adam Leitman Bailey, P.C. - must-read case highlights, articles, and recent press mentions key to expanding your knowledge of real estate law. In this issue, learn about the First and Second Department split on proprietary cooperative leases, how homelessness is effected by rent stabilization, how ALBPC won over $1M for a boutique brokerage firm, and more...
The document discusses key lease enforcement provisions that should be included in commercial leases. It outlines the top 8 provisions landlords should add, such as provisions allowing for rent acceleration, additional rent charges, yellowstone injunctions, late fees, and attorney's fees. It also outlines the top 8 provisions tenants should seek to include, such as mitigation of damages clauses, prevailing party clauses, rights of expansion, options to renew, and limits on personal guarantees. The document provides legal advice on drafting effective lease agreements.
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Discover Yeni Eyup Evleri 2, nestled among the rising values of Eyupsultan, offering the epitome of modern living in Istanbul.
With its spacious living areas, contemporary architecture, and meticulous details, Yeni Eyup Evleri 2 is poised to be the star of your happiest moments. Situated in the new favorite district of Eyupsultan, claim your spot and unlock the doors to a peaceful life alongside your loved ones. Nestled next to the historical and natural beauties of Eyupsultan, embrace the comfort of modern living and rediscover life.
Social Amenities:
Yeni Eyup 2 offers a life filled with joy with its green landscaping areas, gym, sauna, children’s play areas, café, outdoor pool, and basketball court. Reserve your place for unforgettable moments!
Reliable Structure:
With 1+1, 2+1, and 3+1 apartment options, Yeni Eyup Evleri 2 is designed with first-class materials and craftsmanship. The doors to a safe and comfortable life are here! Choose the option that suits you best and step into your dream home.
Project:
Yeni Eyup 2 is conveniently located, with Istanbul Airport just 26 minutes away, the Mecidiyeköy Metro Line 4 minutes away, and the Tram Stop 5 minutes away, making your life easier with its central location.
Location:
Your home is positioned in a privileged location, providing easy access to the city center, shopping malls, restaurants, schools, and other important places.
Yeni Eyup 2 offers 1+1, 2+1, and 3+1 apartment options designed to meet different needs. Find an option suitable for every lifestyle and open the doors to a comfortable life in your dream home.
https://listingturkey.com/property/yeni-eyup-evleri-2/
BEST FARMLAND FOR SALE | FARM PLOTS NEAR BANGALORE | KANAKAPURA | CHICKKABALP...knox groups real estate
welcome to knox groups real estate company in Bangalore. best farm land for sale near Bangalore and madhugiri . Managed farmland near Kanakapura and Chickkabalapur get know more details about the projects .Knox groups is a leading real estate company dedicated to helping individuals and businesses navigate the dynamic real estate market. With our extensive knowledge, experience, and commitment to excellence, we deliver exceptional results for our clients. Discover the perfect foundation for your agricultural aspirations with KNOX Groups' prime farm lands. These aren't just plots; they're the fertile grounds where vibrant crops flourish, livestock thrives, and unique agricultural ventures come to life. At KNOX, we go beyond selling land we curate sustainable ecosystems, ensuring that your journey toward agricultural success is seamless and prosperous.
Serviced Apartment Ho Chi Minh For RentalGVRenting
GVRenting is the leading rental real estate company in Vietnam. We help you to find a serviced apartment for rent in Ho Chi Minh & Saigon. Discover our broad range of rental properties in Vietnam.
For more details https://gvrenting.com/
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Recent Trends Fueling The Surge in Farmhouse Demand in IndiaFarmland Bazaar
Embarking on the journey to acquire a farmhouse for sale is just the beginning; the real investment lies in crafting an environment that contributes to our mental and physical well-being while satisfying the soul. At Farmlandbazaar.com, India’s leading online marketplace dedicated to farm land, farmhouses, and agricultural lands, we understand the importance of transforming a humble farmland into a warm and inviting sanctuary. Let's explore the fundamental aspects that can elevate your farmhouse into a tranquil haven.
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Adam Leitman Bailey Teaches Agents the Fair Housing and Americans with Disabilities Acts
1. Human Rights and Fair
Housing
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
2. Overview
• A Matter of Place created by Fair Housing Justice Center
• Brokers responsibility to uphold Fair Housing Policy
• Testers
• Federal Fair Housing Laws
• NYS Fair Housing Laws
• NYC Fair Housing Laws
• Types of discrimination
• Legal responsibility
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
3. Broker’s Responsibility to
Uphold Fair Housing Policy
• Equal Service
o Greet people, obtain listings, hold open houses, keep records and follow up that
are the same in treatment for all people
o Housing needs and wants should be emphasized and limited to the price, size,
special features and location of a property
• Record keeping
o Housing choices should be written down and kept by the agent
• Know fair hosing laws
o Regularly engage in fair housing training, the NYS Division of Human Rights,
state and local boards, and proprietary schools
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
4. Brokers responsibility to
uphold Fair Housing Policy
The Fair Housing Act forbids racial discrimination in respect to the sale or rental of a
dwelling. 82 Stat. 81, 42 U. S. C. §§ 3604(b), 3605(a).
• US Supreme Meyer v. Holley 537 US 280 Court (January, 2003) held individual
broker-owners ARE NOT personally liable for the acts of agents who commit fair
housing law violations.
• the Act imposes liability without fault upon the employer in accordance with
traditional agency principles, i. e., it normally imposes vicarious liability upon the
corporation but not upon its officers or owners
• Office procedures – NAR recommends agents sign a policy statement committed to equal opportunity
• Firm should designate a fair housing officer
• Office procedures should outline initial contact including discussing the services offered, assigning agents to
customers, and obtaining initial customer information
• Fair housing poster- amendment to the Fair Hosing Act of 1968 requires all offices to display prominently
• The person who holds a brokers license needs to:
o supervise salespersons,
o provide fair housing training, and
o take appropriate steps to insure compliance
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
5. Testers
• Who are they?
o Volunteers or employees of federal, state agencies, private civil rights groups
o Typically white and black couples visit real estate offices posing as prospective home
seekers.
• What do they do?
o Help to enforce the law
o Their purpose: to check real estate brokerage offices to see if race influences
information or services offered by licensees.
• Investigation by testers recognized by US Supreme Court and
Department of Justice (DOJ)
• Civil Rights Division established the Fair Housing Testing –
individuals pose as prospective buyers or renters of real
estate for the purpose of gathering information
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
7. Federal Anti-
Discrimination Laws
1974 Housing and
Community
Development Act
• Bans
discrimination
from federal
assistance
(HUD's
Community
Development
and Block
Grant)
• Race, color,
national origin.
Religion or sex.
Civil Rights Act off
1866
• Entitled to be
citizens, without
regard to race,
color,
• Right to make
and enforce
contracts, sue
and be sued,
give evidence in
court, and
inherit,
purchase,
lease, sell, hold,
and convey real
and personal
property
1988 Fair
Housing Act
Amendments
• Adds
protected
classes
under the
FHA
• Disability
and familial
status
• Procedures
to enforce
laws
• Attorney
Fees
• Age
Fair Housing Act 1968
• Equal housing
• Bans
discrimination in
the sale, rental,
and financing of
dwellings
• Race, color,
national origin,
religion, gender
• (later
expanded)
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
8. Separate but Equal is
NOT Equal
o Jones v. Alfred H. Mayer Company
• US Supreme Court applied the Civil Rights Act of
1866 to prohibits any racially based discrimination in
housing
o Supreme Court decisions
• Plessy vs. Ferguson (163 U.S. 537) – separate but
equal acceptable
• Buchanan vs. Warley (245 U.S. 60) – city ordinances
that denied minorities the right to occupy houses in
certain zoned areas unconstitutional
• Brown vs. Board of Education – reversed Plessy vs.
Ferguson; separate but equal is not equal
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
9. The Fair Housing Act
• Both the Fair Housing Act and section 1982 of the Civil Rights
Act of 1866 allow actual and punitive damages.
o Although there are no statutory limits on the amount of damages awarded under
section 1982, the Fair Housing Act may impose limits, depending on the forum in
which the complaint is raised.
o There are no limitations on the amount of damages in judicial proceedings under the
Fair Housing Act; however, the size of awards will be capped if the complaint is
handled by an administrative law judge.
o When a complaint is filed with HUD and the department’s attempts at conciliation fail,
HUD may issue a formal charge and the dispute will be presented to an administrative
law judge, unless one of the disputants elects to go to court.
o If the charge is sustained, the administrative law judge may award actual damages
and assess a civil penalty of up to $11,000 for the first discriminatory practice, up to
$27,500 if the respondent has committed another violation within the previous five
years, or up to $55,000 if the respondent committed two or more violations within the
previous seven years.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
10. Cases and Settlement
NY Community to Pay $92K to Settle Discrimination Claims
• The owner and manager of a 22-unit apartment complex in Westchester
County, N.Y., have agreed to pay $92,000 to settle a lawsuit accusing them of housing
discrimination against African Americans, according to an announcement by Preet Bharara, the United States Attorney for
the Southern District of New York.
• The complaint accused the owner and manager of engaging in racially discriminatory
housing practices, including failing to inform African-American prospective tenants about available units, while telling
Caucasian prospects that units were in fact available. The complaint also alleged that they failed to show available units and
give rental applications to African-American prospects, but showed available units and gave rental applications to Caucasian
prospects. In addition, they allegedly quoted higher rent prices and less favorable security deposit terms to African-American
prospects than those offered to similarly situated Caucasian prospects.
• Under the settlement, the owner and manager agreed to pay $60,000 into a victim compensation fund and a $32,000 civil
penalty to the government. The settlement also requires them to implement a nondiscrimination policy and nondiscriminatory
standards and procedures at the community.
• Manhattan U.S. Attorney Preet Bharara said: “Nobody should be deprived of housing opportunities based on his or her race
or color. This case should be a wake-up call to any landlord or building owner who discriminates. Racial discrimination in
housing is not only antithetical to the principles of fairness and equality, it is against the law.”
• Source: U.S. Attorney’s Office, Southern District of New York
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
11. Cases and Settlement
NYC Developer Accused of Inaccessible Design & Construction
• Federal officials recently filed suit against a major real estate developer based in New York
City for allegedly developing rental apartment buildings that are
inaccessible to persons with disabilities.
• According to the complaint, the developer, along with its affiliates and architects, designed and constructed a 595-unit
apartment building in Manhattan in violation of the design and
construction provisions of federal fair housing law. Among other things, the
inaccessible conditions allegedly include excessively high thresholds that interfere with accessible routes in the common areas and within
individual units, kitchens that lack sufficient width for maneuvering by people in wheelchairs, electrical outlets and mailboxes that are not
fully usable by people in wheelchairs, and bathrooms that lack sufficient clear floor space for people in wheelchairs to maneuver.
• The lawsuit accused the developer of engaging in a pattern and practice of developing its rental properties without regard to their
accessibility to people with disabilities. In addition to damages and penalties, the complaint asked for a court order to prevent similar
inaccessible design features from being repeated at multifamily housing projects currently under development, including two rental
complexes in Manhattan. The complaint also asked for a court order requiring the developer to retrofit the inaccessible conditions at all
the rental properties it has developed to make them accessible.
• “This is now the eighth lawsuit we have filed in recent years to address the failure of real estate developers in New York City to comply
with the law. Today’s lawsuit demonstrates our continued commitment to ensuring that the long-established federal laws that protect the
rights of people with disabilities to accessible housing are enforced. Developers and architects who show an unwillingness to design and
construct housing that complies with the law can no longer seek to evade the consequences of their actions,” Manhattan U.S. Attorney
Preet Bharara said in a statement.
• Source: Office of U.S. Attorney for the Southern District of New York
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
12. Cases and Settlement
N.Y. Community Pays $165K to Settle Race Discrimination Claims
• The owner and property manager of a rental community on Long Island,
N.Y., recently agreed to pay $165,000 to settle a fair housing case
alleging racial discrimination, according to an announcement by ERASE Racism,
a New-York based fair housing advocacy group.
• The case stemmed from a fair housing investigation in which testers were sent to the 75-unit building on
several occasions. Allegedly, the testing revealed significant discrepancies between the welcoming
responses received by white testers and discriminatory actions against African-American testers who
inquired about one-bedroom apartments for rent. The lawsuit accused the community of violating fair
housing law by representing that housing was not available for inspection or rent when in fact it was
available; discriminating in the terms and conditions of rentals by quoting higher rents; and making
rentals unavailable because of the prospect’s race or color.
• As part of the settlement, the owner agreed to adopt and implement nondiscrimination policies to prevent
future fair housing law violations. These policies include fair housing training, recordkeeping
requirements, and compliance monitoring.
• “We brought this case because we had compelling evidence of racial discrimination and African
Americans cannot be denied housing choice based on race,” Elaine Gross, president of ERASE Racism,
said in a statement. “While many people would like to believe that this type of housing discrimination is
no longer an issue, it is a shame that the burden falls on a small number of concerned organizations, like
ERASE Racism, to document the discrimination and use the courts to stop it.”
• Source: ERASE Racism
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
13. The Federal Fair Housing
Act of 1968
• Fair Housing Act of 1968 lacked teeth for enforcement; Congress passed amendments for enforcement
in 1988.
Expanded Protected Class: Disability and Familial Status
• Mental or physical disability – landlords must allow people with disability to make reasonable
modifications to dwelling
o Tenants expense
o End of tenancy, tenant must return premises to original condition at own expense
o New York Law provides for similar housing modification for disabled (sometimes at the owner’s
expense)
• New multi-family construction occupied within 2 years of the date of 1988 amendments must provide
certain accommodations for disabled; examples:
o Switches and thermostats at level that can be operated from wheelchair
• New York law also provides that multi-family dwellings allow accessibility for persons with disabilities
o Doors which allow passage into and throughout premises must be wide enough to allow wheelchair
o Familial status – adult with Children under 18, person who is pregnant, one who has legal custody
of child
o Elderly housing – if units occupied by individuals age 62 or older, or 80% of units have persons age
55 or older – facility exempt
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
14. The Americans with
Disabilities Act
• Protects rights of individuals with disabilities
• Cannot be denied access to public transportation,
commercial facility, or public accommodation
1992
• New Construction
o Must meet the accessibility standards
o Must remove architectural barrier if doing so is “readily achievable – easily
accomplishable; carried out without much difficulty or expense
• Enforced by US Attorney General
o Injunction against operation of business, fine of up to $50,000 for fist offense,
fine of $100,000 for subsequent offenses
• Individuals with AIDS, alcoholism, or mental illness
covered
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
15. Persons with Disabilities
• Reasonable Accommodation for Housing:
• The Law protects the rights of people with disabilities by
requiring landlords, coops, and condominiums to make a
reasonable accommodation for disabled tenants,
shareholders, or owners.
• A reasonable accommodation can be structural such as a
ramp at the building entrance to provide wheelchair access or
installing grab bars in a bathroom.
• A reasonable accommodation can also involve a policy
change such as permitting a tenant who is blind or has a
psychological disability to have a guide dog or companion
animal, despite a building’s ‘no pets’ policy.
• The Law also requires the landlord to pay for an
accommodation if it is deemed reasonable – that is
architecturally and financially feasible.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
16. Cases and Settlement
Nation's Largest Cooperative Settles Suit Over Its Assistance Animal Policy
• The Justice Department and HUD recently announced a settlement in a civil rights lawsuit against the largest affordable
housing cooperative in the United States, alleging disability discrimination against people who require service or assistance
animals. The community is located in the Bronx, N.Y., with approximately 15,372 residential units and 60,000 residents.
• The lawsuit accused the community of enforcing an overly burdensome and intrusive policy governing waivers to its no-pets
rule, which has deterred and prevented persons with disabilities from obtaining reasonable accommodations, in violation of
the federal fair housing law.
• Specifically, the complaint alleged that until its policies were changed in late 2011, the community’s application for
requesting a reasonable accommodation to its no-pets rule consisted of five forms (including one required to be completed
only in blue ink and another required to be typewritten), prohibited certain breeds of dogs, required animals to be neutered or
spayed, imposed annual renewal requirements, and required the applicant to provide his or her medical records. Allegedly,
the community amended the policies twice since then, but left many of those provisions in place, including a prohibition
against certain breeds of animals, a prohibition that the community could waive based only on an applicant’s “medical need”
for that particular breed.
• Under the settlement, the community agreed to change its reasonable accommodation policy regarding assistance animals.
The community will also pay a civil penalty of up to $50,000, and dedicate as much as $600,000 to compensate people who
have been harmed by inadequate accessibility at the community.
• “Assistance animals provide vital support and therapeutic benefits for persons with disabilities,” Principal Deputy Assistant
Attorney General Vanita Gupta of the Civil Rights Division said in a statement. “This significant settlement underscores the
department’s commitment to ensuring that housing providers make reasonable accommodations for individuals who rely on
assistance animals to use and enjoy their homes.”
• Source: Justice Department
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
17. Cases and Settlement
NYC Complex Accused of Denying Disabled Resident Emotional Support Animal
• HUD recently accused the owners and managers of a high-rise complex in New York City with violating fair housing law by
refusing to allow a resident with disabilities to have an emotional support animal. Federal fair housing law requires housing
providers to make reasonable accommodations in policies or practices when a person with a disability requires such
accommodations, including granting waivers to “no-pet” policies for persons who require assistance or support animals,
according to HUD.
• The case began with a HUD complaint filed by the resident, who shared a two-bedroom unit at the supportive housing
residence for senior citizens, working professionals, and persons living with HIV/AIDS. The resident said he got the small
dog a year after beginning treatment with a mental healthcare provider for a psychiatric disability. Allegedly, the doctor
recognized an improvement in the resident’s condition and recommended that he register the animal as an emotional
support animal through an online registry.
• After the landlords initiated eviction proceedings against him because of the dog, the resident said he submitted
documentation from his doctor and the online registry to show that the dog was an emotional support animal. Instead of
accepting the documentation, the landlords allegedly sent him a final termination notice, stating that he had not sufficiently
demonstrated his need for the animal. Legal proceedings between the resident and the landlords were put on hold pending
HUD’s investigation.
• “It’s not a landlord’s role to determine what a resident with disabilities needs in order to perform life’s daily functions,” HUD
Assistant Secretary for Fair Housing and Equal Opportunity Gustavo Velasquez said in a statement. “Landlords have an
obligation to grant reasonable accommodations when they are needed and HUD will continue to work to ensure that they
meet that obligation.”
• The charge will be heard by a HUD administrative law judge unless any party to the charge elects to have the case heard in
federal district court.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
18. Cases and Settlement
Brooklyn co-op charged with discriminating against disabled veteran
• HUD accuses Trump Village IV of denying use of emotional support dog
• HUD recently charged a Coney Island cooperative community with discrimination against a veteran with a psychiatric disability for
refusing to let him keep an emotional support animal.
• HUD charged the 1,144-unit community, along with the president of its board of directors, with wrongfully denying the veteran’s request for a reasonable accommodation and taking steps to evict
him and his wife in retaliation for filing a fair housing complaint.
• Federal fair housing law makes it unlawful to refuse to make reasonable accommodations in policies or practices when a person with a disability requires such an accommodation, including
refusing to grant waivers to “no-pet” policies for persons who use assistance or support animals.
• Despite the community’s no-pets policy, the veteran, who served in combat in
Afghanistan and Kosovo, said he got a dog, a Shi Tzu named Mickey, as an
emotional support animal at the recommendation of his physician. Allegedly, the community refused his request
for a reasonable accommodation and pursued eviction proceedings, even though he provided medical documentation verifying his condition and need for the dog. The couple also accused
the community of retaliating against them for filing their complaint by
freezing their place on the wait list for parking in the development’s
main parking lot and removing the wife from the co-op’s board of
directors.
• HUD's charge will be heard by a U.S. Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court.
• “For many people with disabilities, support animals are essential to their ability to perform everyday activities that others take for granted,” Gustavo Velasquez, HUD Assistant Secretary for Fair
Housing and Equal Opportunity, said in a statement. “The Fair Housing Act requires housing providers to grant reasonable accommodations, and HUD is committed to taking action if they fail to
meet that obligation.”
• Source: HUD
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
19. Federal Exemptions to
Fair Housing Act
• Owner in sale or rental of no more than three single family dwellings at any one time
o If owner not living in dwelling at time of transaction or not last occupant – limited to only one exemption in 24-month period
• Owner of apartment building up to four unit exempt in rental if owner occupies one of units
• Properties owned and operated by religious organizations for benefits of their membership;
noncommercial purposes
• Private club to provide lodging for benefit of membership; non commercial purposes (i.e.—Yale Club,
NYAC)
• Non exemptions if any of following occurred:
o Discriminatory advertising
o Services of real estate licensee or person in business of selling or
renting
• Within preceding 12 months, participated in 3 or more
transactions; participated as agent in 2 or more families
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
20. Enforcement
• Enforcement and penalties
o Administrative procedure through Office of Equal Opportunity of HUD
o Secretary of HUD will investigate and attempt conciliation agreement between
the parties
o The case may be referred to an ALJ for a hearing
• ALJ may impose civil penalty up to $11,000 first offense, $27,500 if another
violation within 5 years, and $55,000 if two or more violations occur in seven
years.
o Aggrieved party may bring civil suit in Federal District Court 2 years after
occurrence or breach of conciliation agreement
o If aggrieved party wins suit, no limitation on damages; injunction may be issued
o US Attorney General may file civil suit
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
22. Unlawful Practices
• Based on an individual’s membership in a protected class
include:
o Refusing to sell, rent, or lease housing
o Misrepresenting the availability of housing
o Setting different terms, conditions, or privileges for the sale, rental, or lease of housing
o Providing different housing services or facilities
o Posting discriminatory advertising or marketing that indicates a preference, limitation,
or discrimination based on a protected class (e.g., ‘no children’ or ‘married couples
only’)
o Refusing to provide a reasonable accommodation for a person with a disability
o Steering a potential homebuyer or renter to, or away from, an area on the basis of
race or national origin
o Pressuring, for profit, homeowners to sell by exploiting ethnic, racial, or other
demographic changes (blockbusting)
o Threatening, coercing, or intimidating individuals because they exercise their fair
housing rights or assist others in doing so
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
23. Legal responsibilities
• Real estate professionals in positions to take lead to
ensure equal opportunity and fair housing
• Emotional results of discrimination in housing
• Laws alone not enough
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
24. Filing a Complaint
• Where to Go
o If you believe you have been the victim of discrimination in the City of New York, you may file a complaint with the Law
Enforcement Bureau of the NYC Commission on Human Rights, located at 40 Rector Street, 10th Floor, in lower
Manhattan. Commission services are free of charge.
o You cannot file a complaint with the NYC commission on Human Rights if you have already filed the same complaint
with the NYS Division of Human Rights, the Equal Employment Opportunity Commission, or in any court.
• Time Limit
o The NYC Human Rights Law requires that the complaint be filed within one year of the last alleged act of
discrimination.
• Appointment
o To schedule an appointment, please call 311 (or (212) NEW-YORK) or (212) 306-7450, although walk-ins are
accepted. If you are unable to travel to the Commission’s offices, we will make alternative arrangements.
o When you visit the Commission, you will meet with a staff attorney to discuss the allegations of discrimination.
• What to Bring
o To expedite the interview process, please bring all relevant information covered in the complaint with you such as
names, addresses, and phone numbers of the people or organizations you are charging and the exact dates of the
events.
o Photo identification
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
25. Reporting Fair Housing
Misconduct
• Immediately report discriminatory behavior or
conversations to broker
• Licensee should not agree to represent individuals who
refuse to comply
• Illegal discriminatory behavior reported to either NY
division of human rights or in NYC, NYC Commission on
Human Rights.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
26. HUD’s Housing
Complaint Process
• Fair housing complaints with HUD can be filed by any entity,
including individuals and community groups. It is free to file a
complaint.
• File the complaint via phone, mail or over the internet.
• After HUD receives the complaint, an intake specialist will
contact the complainant and collect more facts about the
alleged discrimination.
o If the complaint is accepted, a formal complaint is drafted which must be signed by the
complainant and returned to HUD.
• The parties can agree to conciliation or HUD can make a determination.
o If it is determined reasonable cause to believe discrimination has occurred,
an ALJ will hear the case. If ALJ finds housing discrimination has occurred
or was about to occur, ALJ can award a max penalty of $16,000, per
violation, for a first offense, in addition to actual damages to the
complainant, injunctive or other relief and attorney’s fees.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
27. NYS Laws- NY Human Rights Law,
Article 15 of Executive Law
o Complaint must be filed with NYS Division of Human Rights within one year
o Individuals may bring action in NY Supreme Court within 3 years of alleged
discriminatory act
o NY Attorney General or Division of Human Rights may also file complaint
o Division of Human Rights
• Investigate complaint and if not dismissed, hearing will be held 270 days after
complaint filed
o Dispute may first submit to voluntary arbitration; cost paid by parties
o If found guilty, guilty party ordered to cease and desist
o Order issued requiring guilty party initiate affirmative action to undo wrongdoing
• A compensatory damages may be awarded
o In housing discrimination only, punitive damages, not exceeding $10,000, may be
awarded
o New York may also require repayment to state of profits obtained because of
discriminatory activity
o If respondent still committing discriminatory acts, Division may obtain a restraining
order
o Division, within one year, investigates to see if respondent in compliance term of
agreement
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
28. NYS Fair Housing Laws
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
29. NYS - NY Human Rights Law,
Article 15 of Executive Law
• Broader scope than federal
o New York has 4 more protected classes: age (person 18 years or older); marital
status; sexual orientation and military status.
o Prohibits discriminatory practices; other areas besides housing (extends to
employment etc.
o Prohibits discrimination with respect to sale, lease of real estate based on
Race, creed, color, natural origin sexual orientation, military status, gender,
disability, familial status.
Prohibits Real Estate Brokers and Salespersons from:
• Circulating any statement which expresses directly or indirectly any limitation
or specification as to one of the protected classes.
• Representing directly or indirectly that a change has occurred or will occur with
respect to the demographics of a neighborhood (protected classes) for the
purpose of inducing a real estate transaction
.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
30. NYS - NY Human Rights Law,
Article 15 of Executive Law
o Prohibits discrimination to obtain credit for “purchase, acquisition, construction,
rehabilitation, repair or maintenance” of housing, land, commercial space
o Prohibits discrimination in granting, withholding, extending, renewing credit, fixing
credit rates
• Unlawful to use application form which inquires about discriminatory
information.
Enforcement – Complaint filed with Division within 1 year of occurrence
• Conciliation agreement or referred to ALJ
• Actual damages, punitive damage 10K, fine 50K to pay state
Prohibited Discrimination: Salesperson representing directly or indirectly that a
change has occurred or will occur with respect to the demographics of a
neighborhood for the purpose of inducing a real estate transaction.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
31. NYS Real Property Law
and DOS Regulations
• Prohibits evicting a tenant if tenant becomes pregnant or
has child while occupying premises
• Prohibits landlords from refusing rental to families with
children
• Covers mobile home parks
• DOS may investigate complaints
o Suspend or revoke license charging incompetency and untrustworthiness –
provisions of Article 12-A of RPL
o Can issue non-solicitation order – prohibits licensees from soliciting listings in
specific areas of the state
o Secretary of State can declare cease and desist zones if determined that owners
in area have been subject to intense solicitations
o After zone established, owners can have DOS place them on cease list
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
32. NYS Exemptions- NY Human
Rights Law
• Exemptions – less than federal law and more restrictive
o Rental of duplex, if owner or member of owner’s family live in one of housing
accommodations
o Where restriction of rental or all rooms in housing accommodation to individuals
of same gender
o Rental of rooms in single family house, if rental by occupant or owner
o If exclusively to persons 55 years of age or older
o Public housing which addresses special needs of particular age group
o Unlike federal law, no exemptions for sale or rental of single family housing
o Exemptions only exist for rental of a two-family (duplex) owner occupied
dwelling; federal law permits exemptions for up to four family owner occupied
units
o Licensees may not participate in exemption except restriction exclusively to
persons 55 or older
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
33. NYC Fair Housing Laws
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
34. NYC Commission on
Human Rights
• The NYC Commission on Human Rights promotes equal opportunity
and prohibiting discriminatory practices that unfairly limit the housing
choices of protected groups, or individuals.
• Applies to:
o Apartment building or multiple family dwelling
o Co-op
o Condominium
o Government-assisted housing
o Residential hotel
o Commercial and Land
• Exceptions:
o Two-family house/ owner or a member of the owner’s family resides in that house and the available housing
accommodation was not advertised.
o You rent a room or rooms in non-government assisted housing where the owner resides.
o Dormitories
o Public Assistance accommodations
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
35. NYC Commission on
Human Rights
• Covers residents living in five boroughs
• Three additional protected groups:
o Alienage or citizenship status
o Lawful occupation
o Lawful source of income
• Alienage or citizenship status – citizenship or
immigration status of person who is citizen or national of
US
To refuse to sell rent or lease
Discriminatory Advertisement
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
36. NYC Commission on
Human Rights
To declare any statement or inquiry which expresses directly or indirectly any specification
as to race, creed, color national origin, gender, age, disability, sexual orientation, marital status,
partnership status, alienage, citizenship status, any lawful source of income, and familial status.
To induce or attempt to induce any a person to sell or rent any housing by representations
(explicit or implicit) regarding the entry into the neighborhood of persons in a protected class.
Enforcement
• Complaint must be filed with Commission within 1 year with Division of Human Rights
• Commission can propose mediation and conciliation to resolve
• Commission shall refer to an ALJ for a hearing if probable cause to believe discrimination
occurred.
• Civil penalties of up to $250,000 may be imposed – paid into general fund of the city
• ALJ can award compensatory damages and order to cease discrimination
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
38. Types of Discrimination
• May not refuse housing to protected groups based
discrimination
• Illegal acts are as follows:
o Telling buyer house has been sold when it has not
o Refusing to accept offer to purchase because offeror is member of certain
religion
o Telling rental applicant apartment not available because of gender of applicant
o Refusing to rent to person confined to wheelchair or make modifications (at
tenant’s expense)
o Refusing to rent to family with children
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
39. Types of Discrimination
• Blockbusting illegal – occurs when licensees induce
owners to sell or rent property by telling them persons
included in protected classes moving into area
o Also occurs when licensees sell properties to protected classes with intent to
cause property owners to panic and sell at reduced prices
o Blockbusting prohibited by NY Real Property and Human Rights Laws
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
40. Types of Discrimination
• Steering
o licensees direct prospective minority purchasers to integrated areas to avoid integration of
nonintegrated areas
• Discriminatory advertising
o Illegal to make, print, publish, concerning sale or rental of dwelling which discriminates
against protected groups
• Financing of housing
o Redlining
• - refusing to make loans to purchase, construct, repair dwelling based on discrimination
of protected class
• Denies loan financial assistance
• Discrimination in fixing terms of loan, including interest rates, duration of loan
• Filtering down – properties decline in value, if lenders refuse to make loans to lower
income purchasers, communities deteriorate.
Fair lending law:
Equal Credit Opportunity Act prohibits creditors from discriminating against credit
applicants on the basis of race, color, religion, national origin, sex, marital status, age, or
source of income.
• Deny membership to MLS or real estate board
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
41. Cases and Settlement
Settlement Curbs Alleged Harassment of Immigrant Tenants in NYC
• New York Governor Andrew M. Cuomo recently announced a major settlement agreement to resolve allegations of
harassment and intimidation of mainly Spanish-speaking immigrant residents in nearly 1,800 units in 49 buildings in New
York City.
• Complaints against the landlord led to an investigation by the New York State Tenant Protection Unit (TPU), which enforces
state laws protecting residents in nearly one-million rent-regulated units. Among other things, the landlord was accused of
violating state law by requesting that residents provide documents proving income or Social Security numbers to determine
citizenship status.
• In some cases, residents claimed that the owner’s staff threatened them by saying that they could face eviction because of
their immigration status or failure to prove adequate income. Residents also said they were pressured to accept inadequate
buyouts to leave their rent-regulated homes and to waive their rights through English-only settlement documents—even
though they couldn’t read English.
• As part of the settlement, the company agreed to:
• Establish a $100,000 fund to compensate tenants who may have been subject to wrongful conduct;
• Allow residents who may have been improperly removed or forced to vacate their homes to move back to a similar
apartment;
• Hire a monitor to ensure compliance with the settlement for up to three years;
• Provide all future communication and documents directed to residents in both English and Spanish; and
• Adopt written policies and procedures, and require employee training, to prevent future violations of local, state, and federal
fair housing and antidiscrimination laws.
• "When my administration created the TPU almost two years ago, we made it clear that we would hold landlords who harass
and bully tenants accountable," Cuomo said in a statement. "All New Yorkers deserve to be treated fairly, no matter where
they come from. This settlement serves as a reminder to landlords that there will be real consequences if they try to
intimidate their tenants based on their background, citizenship, or legal status.”
• Source: New York Governor’s Office
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
42. Woods-Drake v. Lundy
• In Woods-Drake v. Lundy, 667 F. 2d 1198 (5th Cir. 1982), the appellate court directed the district court to
determine an appropriate amount of punitive damages against a
landlord who evicted tenants because they entertained black
guests.
• The appellate court noted all the factors that weighed in favor of the imposition of punitive damages:
o the tenants had warned the landlord that his eviction attempt violated the Fair Housing Act, but the landlord disregarded their advice;
o the landlord expressed animus by using racial epithets; and
o he had a history of racial discrimination.
o The court concluded by ordering the district court to assess an amount of punitive damages against the landlord "sufficient to deter him from
continued violation of the civil rights laws."
• The underlying message in the assessment of damages is that discrimination cannot and should not pay.
• Just as equitable remedies seek to rectify discriminatory practices, damages compensate the victims of
the practices and punish those who choose to discriminate.
• Courts must vigorously enforce the prohibitions of the Fair Housing Act and the other antidiscrimination
statutes, and they cannot shy away from awarding fair and just damages to the victims of discrimination.
• A law is ultimately of no effect if it is not enforced, and there can be no doubt that the imposition of
appropriate damages, both compensatory and punitive, is a highly visible and compelling enforcement
mechanism of fair housing laws.
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys
43. An Important Video on Real Estate Brokers
and Equal Rights
• https://www.youtube.com/watch?v=WkYfa5lX-nU
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys