Category Archives: Real Estate & Property Law

HUD Resolves Familial Status Fair Housing Act Case From Maine for $18,000

In a statement issued last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a familial status Fair Housing Act (FHA) case from Maine for $18,000. The case, stated by a fair housing tester group, began when fair housing testers – who were posing as parents with children – followed up on advertising indicating that children were not allowed and asserted those ads were discriminatory. In addition to the advertisements, it was alleged the property owner and agent refused to negotiate rental terms as well as made discriminatory statements to the testers posing as parents. HUD’s consent order concludes an October 2018 charge of discrimination against the property owner and real estate agent. As is typical in these types of cases, in addition to the $18,000 payment, the Respondents agreed to undergo fair housing training. The takeaway here for professional apartment management includes that: (a) fair housing testers are out….. To continue reading this legal news please click Read full information...

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The End of Section 21

I’d suggest sitting down before you read this. The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has announced/is to announce depending on when you read this, that the Government is to abolish section 21. Honest. Really. Truly. Feel free to take a moment. I found out on Friday, under embargo, and am still taking a moment. If you have recovered, read on. From the press release: The Communities Secretary, Rt Hon James Brokenshire MP, said: “By abolishing these kinds of evictions, every single person living in the private rented sector will be empowered to make the right housing choice for themselves – not have it made for them. And this will be balanced by ensuring responsible landlords can get their property back where they have proper reason to do so. When is this going to happen? Not quickly, that much is clear. There will be a consultation: As part of a complete overhaul of the sector, the government has outlined plans….. To continue reading this legal news please click Read full information...

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Operating, Managing, Policing, Insuring, Repairing, And Maintaining

PrintMost retail leases have a “CAM” provision and though they are formulated in a myriad of way, a common element can be found in the way “common area maintenance” (CAM or Operating Expenses) is defined. The words used are seen so often that many eyes glaze right over them. They are so familiar that, long ago, we stopped thinking about them. This occurred to Ruminations as we read an unpublished February 19 decision from the Court of Appeals of Arizona (an “intermediate” appellate court). Here’s what that court told us. A bunch of shopping center tenants, as a group, sued their common landlord over a Common Area Maintenance (CAM) billing for capital expenses. Exactly what is a capital expense? There are too many definitions used for a “capital expense,” and even the Internal Revenue Code doesn’t provide much help because its “definition,” if you can call it that, relies on some principles. Here is what….. To continue reading this legal news please click Read full information...

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Landlord Law Blog Roundup from 8th April

A busy week for this week to keep myself occupied while the rest of the family were away.  I managed to get a major new course done which I will tell you about later. But what happened on the blog during the week? Tuesday The legal procedures which only serve to deny justice to illegally evicted tenants Ben Reeve-Lewis, a freelance Enforcement Officer, writes about real life tenant injustices Wednesday The Landlord Law Conference Talks – Tenancy Deposit options, Evidence and Disputes #lllconf See what Suzy Hershman from Hamilton Fraser (our sponsors) will be talking about at our Landlord Law Conference in May Thursday An example of a fraudulent landlord scam A question from my Blog Clinic this week Friday Tessa Shepperson Newsround #95 Another busy week in the housing news sector The Landlord Law News Blog Posts:- Confused by HMO Law?  Our new video course has everything you need Client Money Protection is now Mandatory for Letting Agents Further Reading An….. To continue reading this legal news please click Read full information...

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Call to Action! House Bill 1212 – Continuation of Community Association Manager Licensing Program

As you probably know by now, the Community Association Manager Licensure Program (“CAM Licensure Program”) in Colorado is currently scheduled to end on the last day of June.  To ensure that the licensure of Community Association Managers continues, House Bill 19-1212 (“HB 1212”) was introduced in the House of Representatives by Representative Brianna Titone and Representative Monica Duran to improve the CAM Licensure Program and extend it through August of 2024.   HB 1212 cleared the House Committee on Transportation & Local Government with amendments and is currently scheduled to be heard on Wednesday, April 17th by the House Finance Committee.  Since the fiscal note on the bill is rather insignificant, HB 1212 should normally sail through the Finance Committee with no issues.  However, some folks have been lobbying members of the Committee to water down this important licensure program by asking this Committee to amend HB 1212….. To continue reading this legal news please click Read full information...

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