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
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.

Fri
08
Apr
admin's picture

Arrest Records In Federally Assisted Housing

Arrest Records In Federally Assisted Housing

Judy Drickey-Prohow, Esq | Law Offices of Scott M. Clark, P.C.

Crime Free Housing does not necessarily mean housing that is free of crime or persons who engage in criminal activity, according to a memo from the United States Department of Housing and Urban Development (HUD) dated November 2, 2015. See, http://portal.hud.gov/hudportal/documents/huddoc?id=15-10hsgn.pdf

Fri
08
Apr
admin's picture

I Won – Now What?

winning legal battles landlord tenant, rental housing industry

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.

Fri
18
Mar
admin's picture

Fair Housing Facts and Tips

family, rental housing, fair housing

Fair Housing Facts & Tips

The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing transaction. The Fair Housing Act specifically cover’s discrimination because of race, color, national origin, religion, sex, disability and the presence of children. (Provided by HUD)

Fair housing laws prohibit illegal housing discrimination.

Discrimination is illegal in any housing situation if it is based on, or adversely affects, a “protected class.” That is, if someone is denied a home, is treated differently, or is harassed because of one of the reasons listed below, it is illegal.

Consistency is Key!

Remember to be consistent within your daily job performance & Interactions when dealing with residents, prospective residents and their guests  
Never make assumptions regarding

Mon
07
Mar
admin's picture

"Blacklisting" Could Result in Lawsuits

“Blacklisting” Residents Could Result In Lawsuits

A situation came up that involved a resident who “watched” the on-site maintenance staff.  Management believed the individual was “a little mentally ill and maybe dangerous to the staff.”  Additionally, the individual would not let staff members enter his apartment, but said people did enter during the day when he wasn’t there and took personal items.
Management inquired on a way of legally “blacklisting” individuals who exhibit such behavior.

Legal Issues
The above scenario presents a variety of legal issues.

Both Federal and Arizona laws prohibit discrimination because of a handicap of a resident, a person residing with him or her, or any individual associated with that person.

Tue
16
Feb
admin's picture

Legistlative Update - No Mortgage Tax in the Highway Bill

Legistlative Update - No Mortgage Tax in the Highway Bill

In a win for the entire real estate industry, at the end of 2015 Congress passed, and the President signed, a bipartisan 5-year transportation bill that excluded the use of “g-fees” (in essence, a tax on mortgages) – that the Senate had previously inserted as part of its funding mechanisms.  National REIA raised concerns about the issue with industry partners and followed it closely.  Passage of this bill marks the first time in a decade since a full transportation budget lasting longer than two years.

Fri
05
Feb
admin's picture

Handling Application Deposit Disputes

application deposit despute, landlord, apartment resident, legal

Handling Application Deposit Disputes

Most landlords require a prospective resident to pay a deposit to hold an apartment until completion of the application process.  A problem arises, however, when the individual does not enter into a lease agreement and he or she demands the deposit back.  The following article will address this issue.

Management usually requires a prospective renter to pay an application fee to cover its expenses.  This includes credit, rental history and criminal records checks.  Additionally, a landlord may require a deposit to hold a particular rental unit.  In other words, management takes a specific apartment off the rental market and reserves it.

Pages

Subscribe to RSS - Legal Department