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John Morris Presents on Fair Housing Act

November 16, 2017

John Morris presented today on new Fair Housing Act regulations that could dramatically change how HOAs look at housing discrimination. In the modification to the regulations, [81 FR 63074, Sept. 14, 2016], at 24 CFR § 100.7 - LIABILITY FOR DISCRIMINATORY HOUSING PRACTICES, HUD for the first time clearly defines the potential for direct liability for an HOA for the discriminatory actions of an Owner in the Association. A condominium association or homeowners association could be liable for "Failing to take prompt action to correct and end a discriminatory housing practice by a third party, where it knew or should have known of the conduct and had the power to correct it." It is now left to the HOAs to determine who the third parties are, what it means to "have the power to correct," and to figure out how to exercise that power in a way that satisfies the requirements of the Fair Housing Act. HUD also issued new regulations on Quid Pro Quo and Hostile Environment Harassment found at 24 CFR § 100.600. These new regulations made it clear that Pro Quo and Hostile Environment Harassment  is illegal under the Fair Housing Act.  John Morris discussed these issues at the CAI luncheon presentation along with other panelists who included Chris Robison from the Utah Antidiscrimination and Labor Division. Morris Sperry has as much or more experience with defending and prosecuting HOA Fair Housing complaints that any firm in Utah, and offers their homeowners association clients and owner clients solid advice and legal representation in these complicated and fact intensive matters.   

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