Bona Fide Tenancies for a Term Remain Protected

By:  Julie E. Maurer

A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act (“PTFA”) impliedly overrides state laws that provide less protection to tenants, but expressly allows states to retain the authority to enact greater protection.  The PTFA was enacted by Congress in May 2009 (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203), Title XIV, § 1484, July 21, 2010, 124 Stat. 2204).  The PTFA provides protections for bona fide tenants of residential real property at foreclosure until the PTFA is scheduled to sunset at the end of 2014.… Read More »

Author: Julie Maurer | Leave a comment Tagged , , , ,

Share this Article:

Owners of Multifamily Housing Beware

By:  Julie Maurer

Owners and developers of multifamily housing beware—you may be held responsible for your architect’s oversight. A growing number of state and federal courts are in universal agreement that owners and developers cannot sue their architects for designs that fail to meet accessibility requirements of the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA). While Arizona has yet to address this issue, recent decisions illustrate the importance for owners to proactively engage architects and consultants regarding accessibility issues.

In a recent decision, Miami Valley Fair Hous. Ctr., Inc. v. Campus Vill. Wright State, LLC, 2012 WL 4473236 (S.D.… Read More »

Author: Julie Maurer | Leave a comment

Share this Article: