Oct 11, 2021 | LB Against Domestic Violence, News
This is our why…
According to statistics, every team member of our Firm has either encountered a domestic violence situation or knows/knew someone who has been a victim. Every 20 minutes in America, someone becomes a victim of domestic violence. Loebsack & Brownlee is committed to supporting those victims and amplifying the voices that are raising awareness of this issue. Each Friday from September 30th through October 28th, we will wear Purple in honor of Domestic Violence Awareness month. When you post a photo on social media and use our hashtag #LBAgainstDV, OR visit our online STORE to get your #LBPurpleOut merchandise, you help us not only raise awareness for the worldwide domestic violence problem, but all proceeds go to the non-profit agency we’re supporting this year, Safe Harbor located in in the Upstate of SC. All purchases/donations help them provide safety, shelter, and resources to the victims in their area who desperately need them. This is L&B’s why. What is yours? We hope our campaign will encourage people to stand up and speak out, seek refuge and resources, and help their friends, colleagues, and family members in the crosshairs of domestic violence.
How you can help:
Learn more about our campaign by following us on social!
Click the link in our Instagram Bio
Then on Friday, for the month of October, tag us on Facebook or Instagram using
the hashtags #LBAgainstDV and #OnFridaysWeWearPurple to help spread the message about Domestic Violence Awareness Month.
Attend an event:
Aug 27, 2021 | News
Thursday evening, the Supreme Court issued an Opinion that blocked the Biden administration’s recently reissued CDC Order, which had protected eligible tenants from actual eviction from their rental homes. “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the court wrote in an unsigned, eight-page opinion.
In the unsigned eight-page majority opinion the Supreme Court stated the CDC, in barring evictions, relied on “a decades-old statute that authorizes it to implement measures like fumigation and pest extermination” and “strains credulity to believe that this statue grants the CDC the sweeping authority that asserts”
What does this mean?
This means that starting on Aug. 27th, evictions will no longer be “halted” by CDC Declarations. Cases that are in process anywhere in the nation can now proceed all the way to a conclusion, when necessary, up to and including lock-out/set-out. A couple of important additional items, however, are worth raising for you as reminders:
- the CARES Act is still the law today and was not impacted by the Supreme Court’s decision. So, “Covered Properties” should still expect to send 30-day notices to tenants prior to filing cases for ‘non-payment of rent’, as those NTVs will likely remain required into the foreseeable future; and
- ALL landlords remain subject to the terms and conditions agreed to as part of rental assistance programs they take part in. We encourage our clients to ALWAYS provide us with copies of all written rental assistance program documentation with any new case submissions, so we can review them and advise of any issues raised by those Agreements.
See below for “Covered Property Guidelines”
What does this mean if you are a “Covered Property?”
(i.e. one with a ‘federally backed’ mortgage. Scroll below to learn more about covered properties)
It means that Sec. 4024(c) of the CARES Act will continue to require a 30 Day Notice to Vacate be sent to any resident who is behind in their payment of rent before you can submit an eviction case to the Court (NOTE: the 30-day NTV is not required to file for ‘other’ breach of lease cases, only non-payment ones.)
Going forward:
- You should not change your practice of providing a 30-day NTV to each non-paying tenant unless: (a) your Property’s mortgage loan type changes (due to a sale or a re-finance of the loan, in which case let us know via the Contact Us form at the bottom of this page); or (b) HUD or some other Federal authority confirms that this 30 Day Notice to Vacate requirement has come to an end or is no longer applicable.
To learn more about the CARES Act, click here: https://loebsackbrownlee.com/cares-act/
To learn more regarding these recent updates, please check your email, or click here to sign in to the client portal. Contact us for any additional questions. https://loebsackbrownlee.com/contact-us/
Jun 30, 2021 | News
First, the Supreme Court Ruling.
Late yesterday, a divided US Supreme Court ruled that it would NOT alter the ruling of the DC Circuit Court that allows the CDC Order providing a “Temporary Halt in Residential Evictions” to remain in effect while the legal case challenging it is being appealed. The ruling includes language from a majority of the Justices, however, that the CDC exceeded its authority in issuing the Order. That means that if the CDC tried to “go back on its word” that the extension through July 31st would be the last extension, specific approval from Congress would be required.
The NC Council of State Vote.
News broke that the NC Council of State voted NOT to authorize the Governor to extend his Executive Order #171 “Assisting North Carolinians at Risk of Eviction.” The Governor has indicated that he will not override the Council’s decision and issue his own further extension, so today is the last day the Order (which had been extended several times since its issuance) will remain in effect.
What does this mean for our NC Clients?
- The NC HOPE Program protections will end today, June 30, 2021.
- The deadline to notify the Court of receipt of a CDC Declaration will no longer be the rule.
- There is no longer an obligation to provide a blank CDC Declaration form.
To learn more regarding these recent updates, please check your email, or click here to sign in to the client portal. Contact us for any additional questions. https://loebsackbrownlee.com/contact-us/
Apr 30, 2021 | News
In the multifamily industry, we have all received an ample amount of Fair Housing Training. We have secret shops and surveys. Apartment associations even provide in-person and virtual training at training centers, like the ones we’ve provided across the Carolinas to train every management team member on Fair Housing and how ignoring its precepts can impact us all. But what if a Fair Housing violation slipped under the radar? What if you didn’t know it even existed? How could you plan for it or prepare your staff? You can’t. Managing Principal and Founder Chris Loebsack sat down with Manager of Digital Media Liz Newkirk to discuss disparate impact, algorithms, and their impact on providing Fair Housing. Visit our YouTube to listen in on the full discussion.
What is Disparate Impact?
According to NationalFairHousingOrg. Disparate Impact is a legal doctrine under the Fair Housing Act which states that a policy may be considered discriminatory if it has a disproportionate “adverse impact” against any group based on the seven protected classes when there is no legitimate, non-discriminatory business need for the policy.
What are some examples of Disparate Impact in housing?
- Only allowing people who are able to prove they work a full-time job to apply. This discriminates against people with disabilities and veterans who may not be able to work full-time but can afford the apartment.
- Rejecting tenants on the basis of criminal history, particularly without explanation.
- Zoning restrictions that eliminate affordable housing in a certain area.
Often the third-party software and market data that we use can assist us in creating policies or help adopt practices like the ones mentioned above that disproportionately impact marginalized groups – the BIPOC community and those in the seven protected classes. Take accepting a tenant based on criminal history, for an example. We know that the BIPOC community is convicted at a higher rate than the majority, and while landlords have the responsibility to keep tenants safe, having a blanket rejection based on criminal history has a direct effect on the BIPOC community and inclusive housing. The opportunity to live on your property and provide a safe community for them and/or their families are removed.
In October of 2020, HUD implemented a new rule which added to this already complex situation, moving the burden of proof to the plaintiff in disparate impact cases. Under this new rule, the plaintiff(s) “are required to show significant evidence in order for their claim to be sustained. The evidence includes proof that the policy in question is both arbitrary and unnecessary for doing business.” This new rule provides a level of complexity that we do not advise you to navigate by yourself. We advise you to seek legal counsel and we encourage you to use this as an opportunity to reach out to your Employee Resource Group or DE&I team to ensure that the policies you create do not disproportionately impact marginalized communities.
How can your ERG (Employee Resource Group) or DE&I council help?
Two heads are better than one, and three heads are better than two. Those heads are even better than they come from different backgrounds, religions, abilities, incomes, and perspectives. When you use your ERG or DE&I councils, you can potentially avoid discriminatory practices making their way into your policies and procedures for your property. However, they can’t do all the heavy lifting. Cultural, unconscious and implicit bias training are great ways to educate teams on the property and in the C-suite. This can also help you avoid legal ramifications altogether. They can test biased technology, collect data, and examine change over time. Studies show that Executive leadership teams are 21% more likely to be profitable and 27% better at creating value when implementing this type of training, according to McKinsey & Company.
We hope that this blog and Q&A help you understand the complexities of disparate impact, and hopefully encourage you to get started with the creation of incorporating DE&I practices into your organization.
Mar 2, 2021 | News
The Supreme Court of South Carolina issued an Order on February 26, 2021, which stated that in-person hearings can resume beginning Monday, March 15, 2021. There was nothing in the Order itself that mandates, nor discourages, the state’s courts from conducting hearings virtually (i.e. Zoom, WebEx, or Teleconference), as some have done for the past several months. So, while some Courts may resume in-person hearings and others may continue to conduct proceedings virtually, this Order makes it clear that all Courts within SC should resume conducting/scheduling hearings in some fashion no later than March 15, 2021.
Our team will keep you posted on a case-by-case basis on what your court decides to do. Of course, if you have a question about a specific case, you can contact your team via our contact form choosing the “Case Update” option from the dropdown.
Feb 1, 2021 | News
Black History month is commonly celebrated in our youth. In school, we learn about Dr. Martin Luther King Jr. and his “I Have a Dream” speech. We learn about Rosa Parks, who refused to give up her seat on the bus, and how she helped continue the conversation about racial injustice. We may even learn about Abraham Lincoln and the Emancipation Proclamation, and its “freeing” of slaves. However, Black History Month is very rarely celebrated in the workplace. And no, we’re not talking about giving Black employees a day off.
There are many ways to celebrate Black History Month in a professional setting. If you have a DE&I program at work, you can connect with the leaders of that program and find ways of ensuring that your employees in the BIPOC community feel included, seen, and their voices heard. If you don’t have a DE&I program, this is a great time to start! This is one of the many ways you can celebrate Black History Month beyond the month of February. We’ve listed a few more ways you can celebrate Black leaders and create an inclusive environment below.
1.) Remove. Connect with your HR team and DE&I professionals and find a way to set the standard to eradicate conscious and unconscious bias. This ensures that employees of all backgrounds and races have continuous equity.
2.) Educate. Bring in speakers, create a book club, or have a round-table discussion about topics that affect your BIPOC employees. Find ways to navigate topics such as why Black women can’t be introverts, discrimination about hair and its texture, and read books like “The Fire This Time” by Jesmyn Ward.
3.) Inclusion. Teams with inclusive cultures outperform their peers by 80% according to Deloitte. Understand that events that happen outside of the workplace affect your employees, and it’s always a great idea to know HOW those events may affect them. Seek out different perspectives and opinions, and reach out to Black leaders in your organization, and ask how they would like to be elevated.
These are just a few ways that you can celebrate Black History Month beyond the month of February. Remember, Black history IS American history and should be celebrated 365 days of the year.
