Background. On April 4, 2016, the U.S Department of Housing and Urban Development (“HUD”) issued its “Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions” (hereinafter, the “Memo”). The full text of the 10-page Memo can be found here. Not surprisingly, it follows the June 25, 2015 ruling by the U. S. Supreme Court, in the Texas Dept. of Housing vs. Inclusive Communities case, which upheld the much-debated concept of “disparate impact” under the Fair Housing Act, as amended (the Act”). Continue reading “Landlords Beware! New Rules For Screening Prospective Tenants With Criminal Records”
On this issue, in a guest blog dated March 13, 2015, Jo Becker, Educational/Outreach Specialist for the Fair Housing Council of Oregon (“FHCO”) posted an article for the Willamette Valley MLS titled: “Screening without Social Security Numbers: There are Options!” (See post here.) Continue reading “QUERIN LAW: Oregon Landlord Screening Without Tenant SSNs”
Background. The Fair Housing Act (“FHA” or “Act”) was passed in 1968, and has been an important fixture in the law ever since. Essentially, its purpose was to prohibit discrimination in the sale and rental of residential housing. At the time, there were five main protected classes, i.e. groups of persons entitled to the protection of the Act. Those classifications were race, color, religion, sex, and national origin. In 1988, the FHA was amended to include two additional protected classifications: disability and familial status.[1] Continue reading “Texas Dept. of Housing vs. Inclusive Communities: What It Means To Fair Housing Law”
Measure 91 – High Times for Oregonians. According to OregonLive.com, here, there are 23 states that currently have medical marijuana laws on the books. Oregon was one of them. On November 4, 2014, Oregon joined a smaller group of pot-friendly states (Washington, Colorado, Alaska, and the District of Columbia), to permit the recreational use of cannabis.[1] I will leave it to the wordsmiths to explain how the term “recreational use” found its way into our lexicon when discussing the use of marijuana. “Recreation” is the last thing one thinks about when taking a toke – or so I’m told…. Continue reading “Recreational Marijuana: Oregon’s New Joint Venture”
The Fair Housing Act (“FHA”) was passed in 1968, and has been an important fixture in the law ever since. Essentially, its purpose was to prohibit discrimination in the sale and rental of housing. At the time, there were five major protected classes, i.e. groups of persons entitled to the protection of the Act. Those classifications were race, color, religion, sex, and national origin. In 1988, it was amended to include two additional protected classifications: disability and familial status.[1] Continue reading “Querin Law: Disparate Impact Explained”
This article is a continuation of Part One, below. It addresses many of the current – as yet unanswered – questions by real estate brokers, property managers, and landlords. Click on the following link here, for a real joint venture! [Note – if you get a request from Adobe for “permission to run,” just right click on your mouse for “permission to run this plug-in.”]
When I was young – yo that many years ago – marijuana was the forbidden fruit. It was illegal under state and federal law. Getting busted could mean a criminal charge. Slowly the legal landscape changed, first in the nature of the sanction, i.e. a ticket for small amounts, and eventually today, permissible as a recreational drug in some states, and with a “medical” marijuana card (wink, wink) in others. But even with society’s gradual acceptance, the weed is not without controversy and confusion. Part One of this article explains some of the issues, and Part Two (ab0ve) addresses some FAQs. Check out the following link here, and and find out why marijuana is the toke of the town. [Note: If Adobe says you need “permission to run,” right click on your mouse to select “run this plug-in.”]
One toke over the line sweet Jesus
One toke over the line
Sittin’ downtown in a railway station
One toke over the line ~ Brewer & Shipley, 1971.
Background. Landlords in Oregon are understandably flummoxed by the new prescription drug du jour, medical marijuana. Why? Because, while Oregon permits the medical use of marijuana, the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., says that it is illegal to manufacture, distribute, and possess marijuana, even when state law authorizes its use. Furthermore, federal law supersedes state law where there is a direct conflict between them. So, what does a landlord do when confronted by a card-carrying tenant claiming that he/she cannot be evicted for marijuana use and/or cultivation, because they have a legal right to do so under Oregon law. The second arrow in the tenant’s quiver is the threat that “if you try to evict me, I will sue you under the federal Fair Housing laws[1] that say you must grant me a reasonable accommodation[2] [i.e. let me toke on the premises] because I have a “disability.”[3] Continue reading “Tenant Medical Marijuana Use In Oregon: Is It One Toke Over The Landlord’s Line?”
Ever been overwhelmed at all the laws, rules, and regulations affecting what might otherwise be a simple residential real estate transaction? Ever wished there was a place you could go to find everything you needed in one place? Now you can! Enjoy! [Go to link here]
The laws against discrimination have been in existence ever since the Fair Housing Act (Title VIII of the Civil Rights Act of 1968) was passed in 1968 and will not be discussed in this chapter. However, in 1989 the Act was amended by adding two new protected classes that, in Oregon, create much more litigation than the other classes already existing in the Fair Housing Act. Continue reading “QUERIN LAW: Fair Housing – Familial Status and Disabilities”