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The U.S. Supreme Court ‘s June ruling in Knick vs.
Township of Scott may open the door for landlords to file federal lawsuits
alleging that rent control ordinances violate the Fifth Amendment, however, the
prospects for victory with such challenges remain distant.
The Fifth Amendment’s takings clause prohibits the
government from taking private property unless it is for a public purpose and
just compensation is provided.
Up until now, landlords have had to file these kinds of suits in state court, where they’ve had limited success. Some believe federal benches would be more sympathetic to landlord arguments over property rights.
Tagged: CourtsRent Control
Aug. 28 update: CAA revises screening-related forms to comply with state Supreme Court ruling
In light of a California Supreme Court ruling this week, tenant-screening companies and landlords will want to review their procedures for vetting prospective renters.
The state Supreme Court on Monday issued its decision in Connor v. First Student, and while the case that dealt with the use of investigative consumer reports in the employment context, it will have ramifications for the rental housing industry.
Because of the ruling, landlords, employers and consumer-reporting agencies must now follow the procedures for “investigative consumer reports” when seeking and providing… Read More
Most rental housing policies that exclude applicants with criminal backgrounds are likely in violation of fair housing laws, according to new guidelines from the Department of Housing and Urban Development.
Coming on the heels of the recent U.S. Supreme Court decision upholding claims under the federal Fair Housing Act based on “disparate impact” or “discriminatory effect,” the new guidelines describe how the use of criminal background checks can result in liability for unlawful discrimination.
HUD Secretary Julián Castro has said, “No American should ever be discriminated against because of their race or ethnicity, even if that discrimination results from a… Read More
Tagged: Fair Housing
You’ve likely heard of CAA fighting the spread of rent control at city halls around the Bay Area. Well, the effort to stem rent control is happening in the courts as well.
For the second time in recent months, CAA has gotten involved in a case centered on whether a change of tenancy occurs when parents move out of a rent controlled unit and their children, who never signed the lease because they were minors, stay behind as adults. [Read about the first case]
This is important because a change in tenancy allows for a rent controlled unit to return… Read More
Tagged: CourtsRent Control
The U.S. Supreme Court on Jan. 21 heard oral arguments in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. This case, which deals with tax credits for low-income housing, will address the validity of disparate impact claims under the Federal Fair Housing Act.
Disparate impact discrimination occurs when a neutral, non-discriminatory policy has a disproportionate, adverse impact on members of a protected class. The classic example in such a neutral policy in the housing context is denial of tenancy based on criminal arrest records, which has a disproportionate impact on African-Americans. In the Texas case, the… Read More