LGBTQ+ Fair Housing Q&A

LGBTQ+ Fair Housing Q&A

LGBTQ+ and Discrimination in Housing

What is Fair Housing?

The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing.

The Fair Housing Act prohibits discrimination in housing because of:

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Familial Status
  • Disability

Source: HUD.Gov

History of LBGTQ+ discrimination in housing.

LGBTQ+ persons face social stigma, discrimination, and rejection from their families because of their sexual identity. According to a study done by the Williams Institute, “Nationally, on average, approximately 3 complaints of sexual orientation and gender identity discrimination in housing are filed for every 100,000 LGBT adults each year, compared to approximately 5 complaints of race discrimination filed for every 100,000 adults of color, and 1 complaint of sex discrimination filed for every 100,000 women.”

LGBTQ+ discrimination in housing

Managing Principal Chris Loebsack and Manager of Digital Media Liz Newkirk address these issues and more in our Q&A session regarding LGBTQ+ and Fair Housing.

Resources:

 

New CARES Act Requirements

New CARES Act Requirements

You may recall new North Carolina requirements relating to eviction cases and CARES Act compliance.  Following up on that, Emergency Directive 18 from the Chief Justice states:

  • In all summary ejectment proceedings filed pursuant to Article 3, Chapter 42 of the North Carolina General Statutes on or after 27 March 2020, no writ of possession for real property shall issue unless a finding is made that the property which is the subject of the complaint is not a covered property as defined by Section 4024(a)(1) of the CARES Act.
  • The Administrative Office of the Courts is directed to promulgate a form affidavit to be completed by plaintiffs in any such actions. For any summary ejectment or residential eviction action instituted on or after 27 March 2020 and before 1 June 2020, such affidavit shall be completed and submitted before final judgment by a magistrate is entered. For any summary ejectment action instituted on or after 1 June 2020, such affidavit shall accompany the filing of the complaint such that a copy of the affidavit will accompany the summons and complaint when served on the defendant.

What does this mean? This means that starting Monday, June 8, until the CARES/Act expires, all cases will require an affidavit. Our team is ready and willing to assist you, please contact us if you have any questions.

 

Latest Order from Fulton County Georgia

The Honorable Harold D. Melton, as the Chief Justice of the Supreme Court of Georgia, issued an Order Declaring Statewide Judicial Emergency pursuant to OCGA §38-3-61. Due to the continuing statewide emergency, on April 6, 2020, the Order was extended until May 13, 2020. In his latest Order, the Chief Justice extended the Declaration until Friday, June 12, 2020, at 11:59 p.m.

Last evening, however, we received an update from the Fulton County Court regarding the expiration of the State of Emergency on Friday, June 12, and the procedures for court resuming operations on or about June 22. The court will rely heavily on Zoom meetings and the use of PPE (Personal Protective Equipment) for in-person hearings. We suspect that other counties will follow suit. Listed below are a few of the general rules for magistrate court business.

General Rules for Magistrate Court Business
Pursuant to the Judicial State of Emergency and Public Health State of Emergency, the Court will utilize the following procedures to protect court personnel, litigants, and the public:

  • The County Building Management team will sanitize the Courthouse, the courtrooms, and all the associated court spaces on June 6 and 7, 2020.
  • The County Building team will install plexiglass barriers and/or other protective measures in the courthouse, following CDC and Fulton Public Health, recommended guidelines. Following sanitizing, County-designated personnel will take the temperature of each person who enters the judicial center prior to entry into the judicial center.
  • Those who are sick or exhibiting symptoms, including running a temperature, are encouraged to stay home.

If you have any questions or need guidance with your cases,  please let us know.  

Chief Justice Beasley issues new order and emergency directives for NC Courts

Chief Justice Beasley issues new order and emergency directives for NC Courts

Chief Justice Cheri Beasley recently issued new orders concerning the North Carolina court operations. Under her latest Order, the Chief Justice confirmed that all court deadlines that had been previously extended to June 1 (such as the time for tenants to appeal Eviction Judgments; for Clerks to issue Writs on Judgments entered before March 16; or for tenants to pay all monthly rent bonds owed for Appeal cases) will not be extended past 5 pm on June 1. View the recent order here.

This means that the court process can once again be restored to “working as anticipated” come June 2. Chief Justice Beasley states in her Order that “These emergency directives are crucial to ensuring that our court system continues to administer justice while protecting the health and safety of court officials, court personnel, and the public.”

Regarding summary ejectment and appeal hearings, NC AOC Director McKinley Wooten stated the Courts’ plans are to indeed move forward with hearings on these cases on June 2, but doing so employing social distancing and other health/safety measures, relying heavily on local court officials to make decisions appropriate to their particular County and its facilities to get their cases back onto hearing calendars. In other words, these cases will indeed be heard starting June 2, but the exact process, procedure, and speed will all vary by County, cognitive of safety and health concerns for the parties, the Courthouse staff and the physical space(s) that will be placed back into use.

If you have any questions regarding this recent Order please submit them to us by reaching out to us.

 

South Carolina Courts Resume Operations

South Carolina Courts Resume Operations

The Courts in South Carolina are currently scheduled to resume operations today, Friday, May 15, 2020, with eviction hearings currently set to begin on Monday, May 18, 2020. As we have started to communicate with the Courts and gather information from our valued clients for upcoming Court appearances, we have come to find that several of our clients have made the internal policy decision to dismiss pending cases and/or suspend the practice of filing new cases until a future date. As the Courts re-open, it is our goal to handle your cases as appropriately and efficiently as possible.

Please let us know if you have any questions or need guidance with your cases.

We thank you for your trust and continued business.