1988 Fair Housing amendments force expensive retrofitting of multi-unit developments

Article Abstract:

The 1988 Fair Housing Act amendments have created a burdensome situation for multi-unit housing developers, who are faced with costly retrofittings designed to aid the disabled. The amendments' enforcement provisions have made this statute into a valuable weapon for the attorneys of disabled persons as well as fair-housing advocates. Many violators cannot afford to retrofit their buildings in order to comply with the revised law, which mandates inclusion of seven basic features for disabled persons in all post-1991 buildings of four or more units.

Laws, regulations and rules, Disabled persons, Housing developers, Apartment houses, Apartment buildings

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The future of mediation and arbitration in the real estate industry

Article Abstract:

The National Assn of Realtors has adopted a comprehensive dispute resolution system to include arbitration in their support for mediation as an alternative for resolving homebuyer homeseller disputes. However, real estate professionals and their clients are more likely to use mediation than arbitration because mediation is non-binding and so appeals are possible. Arbitration requires participants to give up control to possibly biased, incompetent arbitrators while mediation promotes more innovative remedies.

Real estate agents and managers, Real Estate Agents & Brokers, Offices of Real Estate Agents and Brokers, Analysis, Negotiation, mediation and arbitration, Contracts, Real estate industry, National Association of Realtors, Dispute resolution (Law)

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Strict liability under the Fair Housing Act: a legal sleight of hand?

Article Abstract:

Courts are using strict liability concepts to find real estate principles liable for the actions of their agents in real estate discrimination suits. Rather than calling it strict liability, though, the courts rely on concepts such as 'apparent authority' and 'non-delegable duties.' Such decisions are not consistent with either the original meaning of the Fair Housing Act or existing case law.

Cases, Real estate agents and brokers, Strict liability

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