Barker Martin

Condo-HOA Blog - Fha

Tenant Criminal History Off-Limits for Seattle Landlords

A new Seattle ordinance, effective February 19, 2018, prohibits landlords from screening tenants based upon their criminal records. According to its proponents, the law, unanimously adopted by the Seattle City Council last August, is intended to lower barriers to housing for people with criminal histories, who are often rejected by landlords. Opponents of the measure argued, among other things, landlords' ability to use criminal background information to protect property and other residents was an important tool. Whether other cities in the Pacific Northwest will adopt similar measures is unclear, but the Fair Chance Housing Ordinance, SMC Chapter 14.06, is now law in the City of Seattle. Keep in mind that similar restrictions exist beyond Seattle in the federal Fair Housing Act, where associations with tenant screening restrictions are not able to obtain FHA financing. read more

Online Harassment and Risk of Liability Under Fair Housing Laws

My colleagues and I have blogged about the importance of recognizing requests for reasonable accommodations/modifications, carefully and thoughtfully considering them, and properly responding in a timely manner. We like to think our posts on this topic have helped a few association boards make better decisions, but if the case discussed below is any indication, more information and discussion is needed. read more

New FHA Rules to Create New Association Duties

On September 13, HUD released new rules for the Fair Housing Act (FHA) that will impact community associations. Under these new rules, which take effect on October 14, 2016, a community association could face liability for the discriminatory acts of residents who harass or create a hostile environment for other residents. read more

Housing Opportunity Through Modernization Act of 2016

Following the real estate collapse in 2008 and subsequent recession, the United States Department of Housing and Urban Development ("HUD") and the Federal Housing Authority ("FHA") imposed detailed and restrictive requirements in order for the FHA to provide mortgage insurance on condominium loans. As a result, many condominiums were no longer in compliance with FHA regulations, and potential buyers could not qualify for the much more attractive FHA and other governmentally backed financing. The downturn in the real estate market and buyers' increased difficulty in obtaining condominium financing contributed to large financial institutions shifting their focus from financing development of condominiums to financing apartment projects. read more

Changes Coming in FHA Condominium Guidelines?

If you're a listener to "Condo and HOA Buzz" you heard over the past two weeks that Congress recently passed a bill that includes important provisions affecting all condominiums in the country. On February 2, 2016, HR 3700 was approved by the House of Representatives 427-0. The proposed law would streamline the FHA's certification requirements for condo projects, allow more commercial space in FHA-approved condo buildings, and relax current owner-occupancy requirements. read more

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