Fair Housing Laws Protecting Rights of LGBT Community Are Ever-Evolving By- Ellen Clark

In recent years, the LGBT community has earned additional rights under the law in many different contexts. From same-sex marriage recognition to restroom access corresponding to a person’s gender identity, the law is constantly evolving. The Federal Fair Housing Act (FHA) does not specifically include sexual orientation and gender identity as protected classes.  However, discrimination…

Fair Housing Overview: Part 2 Pre-Tenant Considerations and How to Avoid Lawsuits – By Michael A. Brennan, Esq.

Avoiding Discriminatory Practices Before the Tenancy As stated above, one of the best ways to avoid Fair Housing complaints is to ensure fair and professional management practices for your marketing, application, and screening procedures. For example, by establishing written, objective criteria and policies that are both in compliance with Fair Housing laws and applied consistently…

balcony inspections

When Safety Laws Become Fear Campaigns by Michael Malki

California’s SB 721 and SB 326 laws were created with good intentions. Following the tragic 2015 Berkeley balcony collapse that killed six young people, lawmakers moved quickly to require periodic inspections of balconies, decks, walkways, stairs, and other elevated exterior structures in multifamily housing. The goal was simple: identify hidden structural dangers before another preventable…

The Consistency Trap Fair Housing

Adopting a Judicial Standard for Tenant Appeals by The Fair Housing Institute, Inc.

The moment a property manager issues a denial letter, the professional relationship enters a high-stakes phase. While automated screening tools provide a necessary first layer of defense, they often lack the nuance required by modern fair housing standards.  The core conflict lies in the tension between a property’s need for uniform safety standards and the…

Rent Control

A Federal Lawsuit in Oakland Could Reverberate Throughout California and Rewrite the Rules of Rent Control – by Daniel Bornstein, Esq.

A lawsuit in Oakland may do what legislation hasn’t: crack open the door to rent control on newer housing. At first glance, it looks like a narrow disability-access claim, but in reality, it could upend one of the pillars of California rent control: the exemption for newer construction under the Costa-Hawkins Rental Housing Act.  Let’s…

The Consistency Trap Fair Housing

The Consistency Trap: When “Fair” Policies Create Unfair Risk by the Fair Housing Institute

In property management, it’s tempting to lean on zero-tolerance screening policies. They’re fast, efficient, and feel like a safe bet against discrimination claims. But relying solely on an algorithm creates a real problem. When we prioritize a rigid “yes or no” over an actual conversation, we aren’t just being efficient – we’re often creating a…

Multifamily Operations

Update on Fair Housing Rules

In early 2025, the U.S. Department of Housing and Urban Development (HUD) initiated internal directive initiatives to review existing fair housing regulations, instructing staff to prioritize cases involving intentional discrimination while scaling back prior guidance related to disparate impact enforcement.  Although these changes have not fully been implemented–and any formal repeal or replacement would require…

criminal records gaps

Criminal Records Gaps: How County Reporting Impacts Housing Providers by Jeffrey Faller

A recent disclosure from the Los Angeles Superior Court revealed that roughly 464,000 criminal case results in Los Angeles County were never transmitted to the California Department of Justice. Outdated systems and reporting gaps meant decades of case dispositions, including convictions and dismissals, never reached the state repository. For housing providers relying on background screening…

January breaking news

Criminal Records Gaps: How County Reporting Impacts Housing Providers by Jeffrey Faller

A recent disclosure from the Los Angeles Superior Court revealed that roughly 464,000 criminal case results in Los Angeles County were never transmitted to the California Department of Justice. Outdated systems and reporting gaps meant decades of case dispositions, including convictions and dismissals, never reached the state repository. For housing providers relying on background screening…