• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Protected Classes
  • Management Issues
  • eAlerts
  • Resources
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Protected Classes
  • All Protected Classes
  • Disability
  • Familial Status/Age
  • Race/Color/National Origin
  • Religion
  • Sex/Sexual Orientation
  • Other Classes
  • Management Issues
  • Accommodations
  • Advertising/Applications
  • Complaints/Investigations
  • Employees/Contractors
  • Eviction
  • Leasing
  • Other Issues
  • eAlerts
  • Cases and Settlements
  • HUD News
  • Reports & Studies
  • Other
  • Resources
  • Fair Housing Coach Resources
May 30, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 30, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 30, 2025
FHC Logo.webp
  • Archives
  • Protected Classes
    • All Protected Classes
    • Disability
    • Familial Status/Age
    • Race/Color/National Origin
    • Religion
    • Sex/Sexual Orientation
    • Other Classes
  • Management Issues
    • Accommodations
    • Advertising/Applications
    • Complaints/Investigations
    • Employees/Contractors
    • Eviction
    • Leasing
    • Other Issues
  • eAlerts
    • Cases and Settlements
    • HUD News
    • Reports & Studies
    • Other
  • Resources
    • Fair Housing Coach Resources
Free Issue
The Habitat Group Logo
May 30, 2025
  • Log In
  • Log Out
  • My Account
Home » Avoid Discrimination Claims When Offering Rent Repayment Plans

Avoid Discrimination Claims When Offering Rent Repayment Plans

Dec 15, 2020

During the pandemic, many communities have been negotiating rent repayment plans to help residents who are struggling financially avoid eviction due to what may be only a temporary financial setback. The common practice of negotiating with residents on an individual basis results in different deals. While this variance in terms and concessions among residents of the same community may be nothing more than the reflection of the circumstances and dynamics of the particular negotiation, they may also be evidence of discrimination to the extent that residents in protected classes get less favorable terms.

For example, let’s say that John is a long-time resident who diligently pays rent on time and who happens to be white; Jane is a new resident who happens to be Black. John and Jane both pay rent late in December. The property manager charges Jane late fees but lets John slide. In the manager’s eyes, this is perfectly legitimate since Jane has yet to earn his trust the way John has. But this inconsistency in treatment is evidence of deliberate discrimination on the basis of race and sex that the community would have the burden of refuting before a court or administrative tribunal, if Jane accuses the community of discrimination.

Disparity in treatment, in violation of fair housing law, is an important concern when you’re renegotiating leases with residents who can’t pay rent due to COVID-19. Owners and managers who are negotiating rent relief agreements with residents need to be aware of these risks and guard against them. One way to do that is to establish a standard relief deal template offering the same terms to all residents who qualify.

With the upcoming expiration of the CDC’s and many states’ eviction moratoria, 2021 could see a surge in eviction filings—and related fair housing claims. For more information on how to navigate the eviction process in light of the pandemic, see the Coach’s January lesson, “How to Avoid Fair Housing Trouble When Evicting Residents,” available to subscribers here.

Other
      • Related Articles

        Holiday Celebrations And Religious Discrimination Claims

        Protecting Your Community from Race Discrimination Claims

        Source of Income Discrimination Liability Risks & How to Avoid Them

      • Publications
        • Assisted Housing Management Insider
        • Commercial Lease Law Insider
        • Co-op & Condo Case Law Tracker Digest
        • Fair Housing Coach
        • New York Apartment Law Insider
        • New York Landlord v. Tenant
        • Tax Credit Housing Management Insider
      • Additional Links
        • Contact Us
        • Advertise
        • Group Subscriptions
        • Privacy Policy
      • Boards of Advisors
        • Assisted Housing Management Insider
        • Commercial Lease Law Insider
        • Fair Housing Coach
        • New York Apartment Law Insider
        • Tax Credit Housing Management Insider
      ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
      The Habitat Group Logo
      • NY Apartment Law
        • New York Apartment Law Insider
        • New York Landlord V. Tenant
        • Co-Op & Condo Case Law Digest
        • New York Rent Regulation Checklist, Fourth Edition
        • 2025 New York City Apartment Management Checklist
      • Fair & Affordable Housing
        • Fair Housing Coach
        • Assisted Housing Management Insider
        • Tax Credit Housing Management Insider
        • Fair Housing Boot Camp. Basic Training For New Hires
      • Commercial Lease Law
        • Commercial Lease Law Insider
        • Best Commercial Lease Clauses, 17/e
          • Best Commercial Lease Clauses, 17/e
        • Best Commercial Lease Clauses: Tenant's Edition
      • Guidebooks
      • May 30, 2025
      • Log In
      • Log Out
      • My Account
      • Subscribe
      • May 30, 2025
      FHC Logo.webp
      • Archives
      • Protected Classes
        • All Protected Classes
        • Disability
        • Familial Status/Age
        • Race/Color/National Origin
        • Religion
        • Sex/Sexual Orientation
        • Other Classes
      • Management Issues
        • Accommodations
        • Advertising/Applications
        • Complaints/Investigations
        • Employees/Contractors
        • Eviction
        • Leasing
        • Other Issues
      • eAlerts
        • Cases and Settlements
        • HUD News
        • Reports & Studies
        • Other
      • Resources
        • Fair Housing Coach Resources
      Free Issue
      The Habitat Group Logo
      May 30, 2025
      • Log In
      • Log Out
      • My Account