Welcome to the inaugural edition of Legal View – a digital publication from NAA’s Legal Affairs Department that highlights legal news, trending cases, agency actions and more affecting the rental housing industry.
Breaking News
SCOTUS Axes Chevron Doctrine
The Supreme Court of the United States (SCOTUS) overruled the ability of a longstanding legal principle where courts were to defer to a federal agency's reasonable interpretation of its own ambiguous law, known as the Chevron doctrine.
Rent Control
New York Rent Control and Housing Stability and Tenant Protection Act Back in the Spotlight
A group of New York property managers are asking the Supreme Court of the United States (SCOTUS) to review the constitutionality of a specific set of amendments to New York’s rent control regime.
Deeper Dive: Read the petition filed with SCOTUS.
G-Max Management, Inc. et al. v. State of New York, et al. Building and Realty Institute of Westchester and Putnam Counties, Inc., et al. v. New York, et al.
SCOTUS denied petitions in other similar New York rent control cases in early 2024.
Servicemembers Civil Relief Act
Virginia Property Management Company Settles with Justice Department Over Allegations of SCRA Violations
The US Department of Justice (DOJ) has settled with a property management company to resolve allegations of SCRA violations.
Rent, Fees and Costs
SCOTUS Rules in Favor of Property Owner in Dispute Over Land Use Permits
SCOTUS reverses the lower court’s ruling that the Takings Clause distinguishes between legislative and administrative takings but did not rule on whether the traffic impact fee at issue in this case is considered a taking.
SCOTUS Rules in Favor of Grant's Pass Ordinance
Law prohibiting camping on public property deemed enforceable as Court denies Eighth Amendment claim.
Deeper Dive: Read the opinion.
Maryland Supreme Court ruling defines “rent”
The Supreme Court of Maryland has defined “rent” as the “fixed, periodic payments a tenant owes for use or occupancy of a rented premises.”
Credit Reporting
Fair Credit Reporting Act Waives Sovereign Immunity
SCOTUS ruled the FCRA waives sovereign immunity and therefore consumers may file a lawsuit against a government agency under the FCRA.
Credit Screening
Credit Agency Claim of Not Being Responsible for Updating Inaccuracies on Credit Report Rejected
Crime Free Housing
California released updated crime-free housing policies
California Attorney General releases updated guidance on Crime-Free Housing Policies.
Deeper Dive: Read the guidance.
Criminal Screening
SCOTUS declines to hear appeal of Challenge to Seattle’s Criminal Screening Ban, In Partial Win for Housing Providers
NAA filed an amicus brief in the case addressing the city’s Fair Chance Ordinance.
Eviction
Effective April 20, 2024 New York Requires “Good Cause” to Evict
“Good Cause” is now required to evict a tenant in New York City.
Deeper Dive: The above article is republished from Tarter, Krinsky & Drogin, a firm within NAA’s network of Click & Lease Attorneys. The original article was published on April 25, 2024.
Eviction Moratoria
NAA’s lawsuit Challenging CDC Eviction Moratorium Heard by Appellate Court
The United States Court of Appeals for the D.C. Circuit heard oral arguments in Darby Development Company, Inc. v. United States.
LA County COVID Eviction Notice Requirement Struck Down
In January 2024, the Superior Court of California struck down Los Angeles County’s extended 30-day eviction notice requirement for some COVID-19 rental debt.
SCOTUS declined review of the housing providers’ petition regarding Seattle eviction moratorium
Seattle housing providers challenged the constitutionality of 2020 eviction bans in response to the Covid-19 pandemic.
Miscellaneous
Latest In Legal News
Employment
Maryland Passes Wage Range Transparency Bill: Effective October 1, 2024, requires covered employers disclose the wage range, general description of benefits and any other compensation offered for a position.
On Our Docket
Inverse Condemnation
SCOTUS rules that property owners injured by state action should have their day in court: The High Court has ruled that a group of property owners who suffered damages as a result of Texas’s building a highway barrier that floods neighboring land can have their day in court.
Deeper Dive: Read the SCOTUS opinion
Association Standing/Antitrust
SCOTUS denies review of U.S. Soccer Federation’s appeal in a case that has significant antitrust implications for associations.
State Agencies
California
California Attorney General released guidance related to Crime-Free Housing policies.
Federal Agencies
Equal Employment Opportunity Commission (EEOC)
Pregnant Workers Fairness Act Regulation Issued: The EEOC has issued its’ final regulation to implement the Pregnant Workers Fairness Act.
Deeper Dive: Read the new regulation
Federal Communications Commission (FCC)
NAA files amicus brief to challenge FCC’s digital discrimination rule’s effect on housing providers: NAA has filed an amicus brief in Minnesota Telecom Alliance v. FCC, challenges the FCC’s digital discrimination rule’s effect on housing providers.
Federal Trade Commission (FTC)
FTC Issues Noncompete Clause Ban Rule: The new rule would ban noncompete clauses in virtually all ban employment agreements.
Deeper Dive: Read the FTC’s noncompete ban rule
US Chamber of Commerce v. FTC challenges new rule
US Chamber of Commerce v. FTC, filed one day after the FTC issued it’s noncompete clause ban, challenges the FTC’s authority to issue the rule among other arguments.
Deeper Dive: Read the complaint
Drug Enforcement Agency (DEA)
Proposed Rule to Reclassify Marijuana issued: The DEA and the US Department of Justice has recently proposed a rule that would transfer marijuana from Schedule 1 of the Controlled Substance Act (CSA) to Schedule 3.
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