W. Michael Semko 

The Tennessee Attorney General, Bob Cooper, recently authored an opinion holding that property owners in the Volunteer State may ban firearms from the premises through the lease or by posting signs. Owners should consider limitations on firearms when drafting rules for the community.

The Dallas Morning News is reporting that two residents filed suit against a management company in Texas, claiming that smoke from an adjoining townhouse caused them damage. Despite the fact that the management company offered the residents the chance to move, replaced air filters in the unit, and used an industrial grade roofing sealant to caulk pipes under the kitchen cabinet, the residents decided a money award from a court was the only way to make them whole.

The United States District Court for the District of Columbia granted Post Properties Inc.’s Motion for Summary Judgment dismissing a claim brought by the Equal Rights Center.

Litigation associated with bed bugs is increasing throughout the United States. Often, one of the causes of action cited in a law suit based on a resident’s exposure is negligence – the owner did not perform reasonably in light of a foreseeable risk. Here are some guidelines for owners to follow to defend against such a claim.

“NIMBYISM” (not-in-my-back-yard-ism) is something developers of apartment communities battle from time to time. Despite the low-cost, affordable choices rental housing provides, local governments sometimes make development difficult through exclusionary zoning practices and other red tape measures. The most recent example appears to be in St. Bernard Parish, Louisiana – a suburb of New Orleans.

On Aug. 31 NAA filed an amicus curiae (friend of the court) brief in an Arizona state appellate court. The brief sets forth legal and public policy arguments that address litigation arising out of a resident’s exposure to mold at an apartment community – specifically, the dearth of scientific evidence supporting a causal link between mold exposure and adverse health effects.

Recently, a bill in the Texas Legislature that would have prohibited apartment owners from requiring residents to purchase liability insurance was defeated. Had the law passed, it would have been the first of its kind in the country. Prohibiting owners from requiring renters’ insurance is bad policy for a number of reasons...There isn’t a bank or mortgage company in the world that would loan money to a home buyer without requiring some sort of hazard insurance. Why should apartment owners and residents be treated any differently?

Recently, I have received several questions from members inquiring about the legality of requiring residents to obtain renter’s insurance at the apartment community. Currently, there are no prohibitions on the ability of owners to require renters to purchase insurance. Owners should strongly consider requiring insurance as a way to limit their overall risk. Owners may require residents to purchase renter’s insurance. At the time of the writing of this blog there were no court opinions or statutes precluding apartment owners from requiring a resident to purchase renter’s insurance via the lease or any otherbinding contract.