On January 26, 2021, President Biden issued an “Memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies” directing HUD to review two recent fair housing rules. The first of these rules, “Preserving Community and Neighborhood Choice” rule, went into effect on August 7, 2020, and replaced HUD’s 2015 …
Newsletter Articles
Sapelo Island Residents Settle Discrimination Suit Against State of Georgia and Government Officials; State to Pay $750,000 and Make Additional Changes to Address Race & Disability Discrimination Claims
In December, 2020, the law firm of Relman Colfax announced the settlement of a federal Fair Housing Act case brought by 54 property owners and residents of Sapelo Island against the State of Georgia and other state officials and entities. The Plaintiffs are the descendants of the Gullah-Geechee slaves whose families have lived on Sapelo …
NC Local Ordinances Passed Prohibiting Discrimination in Housing, Public Accommodations & Employment based on LGBTQ+ Status
In January 2021, several local jurisdictions in North Carolina passed ordinances prohibiting discrimination based on sexual orientation and gender identity in certain situations. Although the North Carolina General Assembly had created a moratorium on such legislation through 2017 N.C. H.B. No. 142, those provisions expired on December 1, 2020. The cities of Durham and Greensboro …
HUD Announces Sexual Orientation & Gender Identity are Protected by Federal Fair Housing Act
Discrimination based on an individual’s sexual orientation or gender identity are now considered types of “sex” discrimination prohibited by the federal Fair Housing Act (FHA), according to a February 11, 2021, memorandum issued by HUD. In the memorandum, HUD recognized that, courts and governments have routinely withheld legal legitimacy from loving couples because of their …
Legal Aid of NC Settlement Involving Familial Status Discrimination and Online Housing Advertisements
On September 1, 2020, the Fair Housing Project of Legal Aid of North Carolina entered into a conciliation agreement resolving a complaint it brought against the owners and managers of 810 Ninth Street Apartments, a multi-family housing community located in Durham, North Carolina. The complaint, which had been filed with the Durham Human Relations Division, …
Legal Aid of NC Settlement of Fair Housing Design and Construction Case involving $1.3 Million in Accessibility Modifications
Legal Aid of North Carolina (LANC) has settled housing discrimination complaints against the architects, builders, and owners of five apartment complexes located in the Triad area of North Carolina. The five complaints, which LANC’s Fair Housing Project filed with the U.S. Department of Housing and Urban Development (HUD), alleged that the respondents failed to design …
Fair Housing Groups Reach Settlement Expanding Housing Opportunities for Families with Children
On September 14, 2020, the Fair Housing Project of Legal Aid of North Carolina (LANC), the Fair Housing Center of Central Indiana (FHCCI), the Fair Housing Center of West Michigan (FHCWM), and the Lexington Fair Housing Council announced a conciliation agreement with Pierce Education Properties to expand fair housing opportunities for families with children. Pierce …
HUD’s New Affirmative Furthering Fair Housing and Disparate Impact Rules
In September and October 2020, two new rules issued by the U.S. Department of Housing and Urban Development (HUD) went into effect. Both rules replace policies that had been adopted during the Obama administration. Affirmatively Furthering Fair Housing Final Rule On September 8, 2020, HUD’s new “Affirmatively Furthering Fair Housing” (AFFH) rule took effect. The …
COVID-19 & Fair Housing Disability Protections
The COVID-19 pandemic has had an extraordinary impact on tenants across North Carolina, especially for people with disabilities. Below are some answers to common questions about the virus and housing discrimination: Is COVID-19 a disability under the Fair Housing Act? Although much remains unknown about COVID-19, people currently suffering from COVID-19, those who have a …
Fair Housing Familial Status Discrimination Settlement
Earlier this month, the National Fair Housing Alliance announced a settlement agreement with Independence Place of Charlotte, a Charlotte-Mecklenburg housing provider, resolving a familial status housing discrimination complaint. The settlement agreement will increase housing assistance funds available to low-income families in the Charlotte-Mecklenburg area. The complaint alleged that Independence Place of Charlotte advertised the property …