Legal Department

The RHJ Legal Department is dedicated to educating and informing property managers, multifamily executives, on-site managers, landlords, real estate investors, apartment maintenance staff and other industry professionals about Fair Housing, Section 8, landlords tenant laws and other real estate laws on a local and national level.

fair housing section 8 landlord tenant law
Mon
17
Oct
The Editors's picture

Not Renting To Felons Is Racist, Says Washington AG

Felons and rentals in Washington State

The State of Washington’s attorney general’s office has filed another consent decree against a landlord for illegally discriminating against potential tenants who are felons, according to news reports.

A recent court filing indicates that the Washington State Attorney General’s Office believes that denying a prospective tenant with a felony conviction is racially discriminatory, according to KIRO TV in Seattle.

A member of the Attorney General’s Civil Rights Unit served a Consent Decree on Dobler Management Company, a property management firm in Tacoma, after conducting a simulated test on whether the landlord was illegally discriminating against potential tenants, according to the report.

Fri
16
Sep
The Editors's picture

Tax Penalties Will Be Up But Tax Bills Down in 2017

Business tax forecast for 2017

A new report for taxpayers shows that with the upward penalty adjustments, the cost of noncompliance for taxpayers again increases in 2017, but individuals and businesses also can look forward to potentially lower tax liability because of higher deductions and credits, according to the report from Bloomberg BNA. 

"The trend toward tougher penalties continues as Congress passed legislation that may revoke the passports of taxpayers with seriously delinquent tax debt," George Farrah, Bloomberg BNA Tax & Accounting Editorial Director, said in a release.  "For business taxpayers, Congress has provided some degree of certainty by returning to predictable annual increases for the business property expensing limits."

Fri
09
Sep
The Editors's picture

Apartments Settle With Justice Department Over Lawsuit Alleging Discrimination Against Children

The owners and operators of seven apartment complexes in Michigan will pay $25,000 in a discrimination settlement with the U.S. Department of Justice over allegations the apartments violated the Fair Housing Act by prohibiting families with children from renting one-bedroom units, according to a release

“The law prohibits landlords from refusing to rent to people with children,” U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, said in the release

Tue
19
Jul
The Editors's picture

Property Management Group Accused Of Discrimination Against Families

property management group accused of discrimination

Fair housing advocates have filed a complaint with the federal government against Indianapolis-based property management group AMP Residential, alleging the group has “engaged in systemic discrimination against families with children,” according to a story in the Indianapolis Business Journal.

The complaint sent  to the U.S. Department of Housing & Urban Development’s Midwest office in Chicago in July, says the company discriminated at 20 of its properties by having occupancy limits of no more than two people per bedroom in each of its units regardless of square footage in Indiana.

Fri
15
Jul
The Editors's picture

Co-Signers and Guaranties of Contracts

Co-Signers and Guaranties of Contracts

Landlords and management companies should be extremely careful in understanding Arizona law as it relates to co-signers and guaranties of contacts.  This article will cover these areas as they relate to lease agreements for rental property.

Many landlords rent to residents with less than perfect credit or rental histories.  However, before entering into a lease agreement, the landlord often requires another person to co-sign the contract and guaranty the obligations under it.  When considering entering into a lease agreement with a co-signer, make sure that you take the following steps:

Make sure you run a credit check on the co-signer.  If the person is married, be sure you run the credit check on both the husband and wife.

Beware of out-of-state co-signers.  If the lease is breached, you would be required to sue the co-signed and pursue them in another state.

Fri
10
Jun
admin's picture

To Satisfy Or Not Satisfy – Is It Even A Question?

To Satisfy Or Not Satisfy – Is It Even A Question?

Christopher R. Walker, Esq | Law Offices of Scott M. Clark, P.C.

Every month thousands of eviction cases are filed in Arizona Justice Courts. Most frequently, landlords are seeking to evict tenants whom have failed to remit their rent on time. Every eviction judgment obtained will surely contain an award of money to the landlord, whether it be for rent related charges or the landlord’s costs and fees incurred as part of the eviction action. Every landlord holding a monetary judgment in their favor surely wants to get paid the amounts awarded to it by the court and most pursue payment whether it be through collection activities or the initiation of a garnishment action. However, what, if anything, is the landlord holding a monetary judgment in their favor required to do when a tenant pays everything owed under the judgment?

Thu
21
Apr
admin's picture

Multifamily Landlords Win Some/Lose Some In The Short 2016 Legislative Session

multi-family landlords

Multifamily Landlords Win Some/Lose Some In The Short 2016 Legislative Session

By  Clifford A. Hockley, President, Bluestone & Hockley Real Estate Services

In the short spring Oregon legislative session of 2016, landlords were surprised by HB 4001, a bill introduced by tenant advocates.

HB 4001:

Thu
21
Apr
admin's picture

I Won – Now What?

legal battles

I Won – Now What?

Landlords who are awarded a Judgment against their tenants often do not realize that this is only part of the process in recovering money owed them.  A landlord may be awarded a judgment in one of several ways: 1) a judgment in an eviction action for rent, late charges, attorney fees, and court costs, as well as removal of the tenant from the rental property, or 2) a judgment in civil court (Small Claims, Justice Court or Superior Court) for breach of the lease which can include lost rent until the lease ends or the premises are re-rented, plus property damage beyond normal wear and tear.

Thu
21
Apr
admin's picture

Top Questions Regarding Music Licensing for Rental Properties

music licensing questions for rental property owners

Top Questions Regarding Music Licensing for Rental Properties

By Amanda Hyland

If you manage a property where music is played in a common area like a clubhouse, pool or fitness center, you need to be aware of copyright implications. As a copyright attorney, I have helped my property management clients comply with public broadcasting licensing requirements, which can be surprisingly complicated. Here are some of the most common questions and answers.

Q: What is copyright?

Wed
13
Apr
admin's picture

HUD Seeks to End Discrimination Against Tenants with Criminal Records

HUD Seeks to End Discrimination Against Tenants with Criminal Records

HUD Seeks to End Discrimination Against Tenants with Criminal Records

The U.S. Department of Housing and Urban Development (HUD) published guidelines in April, 2016, for the proper consideration of applicants’ criminal records when considering them for housing.  HUD notes that because a disproportionate amount of people with criminal records are minorities, a blanket policy of refusing to rent to anyone with a criminal history may violate the Fair Housing Act.

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