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Archived Articles written by
the Law Offices of Scott M. Clark

These articles are provided as a courtesy and do not constitute legal advise to the reader. The legal opinions expressed in these articles explain the law at the time of their publishing, but, as statutes may have changed since publication, be advised that the opinions may no longer comport with current standards.

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Landlord's Liability

Co-Habitants

Discrimination Against Cohabitants ? September 94 Read the Article

Issues Related to the Handicapped Person Under Fair Housing Laws - Mar 92 Read the Article

Are Individuals with HIV Protected by the Fair Housing Amendments Act of 1988? ? June 92 Read the Article

A Review of Recent Fair Housing Act Court Cases ? Apr 95 Read the Article

Handicap Discrimination Under the Fair Housing Act ? June 95 Read the Article

Accommodating the Physically Challenged ? Apr 96 Read the Article

Know the Legal Definitions of "Handicap" ? Dec 96 Read the Article

Legal Inquiries Regarding a Resident?s Handicaps a Very Sensitive Issue - Jan 97 Read the Article

Reasonableness Key to Handicap Changes ?Nov 97 Read the Article

Proof Vital When Denying Disabled Occupants Based on Mental Competency ? Jan 98 Read the Article

Don?t Assume at Handicap Requests ? Feb 98 Read the Article

Community Accessibility to Handicapped ? Mar 98 Read the Article

Accommodations Under Fair Housing Law ? Apr 98 Read the Article

Do Landlords Have to Accept All Section 8 Certificates for Rent Payment? - May 98 Read the Article

Law Prohibits Mental Disability Discrimination ? Apr 00 Read the Article

Handling Reasonable Accommodation Requests ? May 00 Read the Article

Case Addresses Reasonable Accommodation ? May 01 Read the Article

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Familial Status

Enforcement of Fair Housing Laws, Including Occupancy Standards ? Feb 92 Read the Article

A Recent HUD Decision on Occupancy Limitations ? Dec 93 Read the Article

Appeals Court Rules on Occupancy Case ? Oct 96 Read the Article

Case Examines Guest Discrimination ? September 01 Read the Article

Race

Liability for Discriminatory Advertising Under Fair Housing Law ? April 92 Read the Article

Mixed Motive Cases: Intentional Discrimination Under the Fair Housing Act? - Sept 93 Read the Article

Types of Proof of Discrimination Under the Fair Housing Act ? Oct 93 Read the Article

Intent Key in Discrimination Case ? Aug 97 Read the Article

Dealing with Racial Tensions ? July 99 Read the Article

Equal Treatment of Prospective Residents Necessary ? Jun 00 Read the Article

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Other Discrimination Issues

Liability Checklist - Dec 91 Read the Article

Arizona Fair Housing Law Timetable ? Mar 94 Read the Article

Refusal to Rent to Felons ? May 94 Read the Article

Arizona Court Decision on Liability Applies to Landlords ? Dec 95 Read the Article

Refusing Rent Concessions Not Always Grounds For Discrimination ? Nov 98 Read the Article

Housing Discrimination can Still be Found Even With a Bad Credit Report ? Feb 03 Read the Article

Arizona Fair Housing News – Dec 05 Read the Article

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Can a Landlord be Held Liable for a Child Drowning? - July 92 Read the Article

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Attractive Nuisance

The Attractive Nuisance Doctrine - Sept 92 Read the Article

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Sexual Assault/Harassment

Liability for a Sexual Assault Committed by an Employee - Nov 92 Read the Article

Landlord Sexual Harassment - June 93 Read the Article

Sexual Harassment by Customers and Other Third Parties - Dec 94 Read the Article

New Law Would Expand Definition of Sexual Harassment - Apr 01 Read the Article

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Landlord's Liability for Accidents at the Property - May 93 Read the Article

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Criminal Activity

Liability of Owners/Landlords for Drug Activity at an Apartment Complex - July 94 Read the Article

A Landlord May be Liable for Injuries Caused to Others by Their Tenants - Nov 94 Read the Article

Landlord Liability for Criminal Activity - Feb 97 Read the Article

Court Clarifies "Drug-Related" Renter - July 97 Read the Article

Landlord's Serving Alcohol: Potential Liability - Feb 99 Read the Article

Court Case Examines Landlord's Liability for Third Party Criminal Act - Aug 99 Read the Article

Landlords Should be Aware of "Foreseeable" Criminal Activity - Mar 00 Read the Article

Landlord Should Inform Residents of Criminal Acts - Aug 00 Read the Article

Case Examines Foreseeable Criminal Acts - Oct 00 Read the Article

Court Addresses Public Housing Policy - Apr 02 Read the Article

Landlord Liability for On-Site Homicides - July 01 Read the Article

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Security/Safety Measures

Liability Checklist - Dec 91 Read the Article

Property Security Measures - Aug 94 Read the Article

Inadequate Security Cases - Oct 94 Read the Article

Direct Threat to Health or Safety Exemption of the Fair Housing Amendments Act - Feb 95 Read the Article

Megan's Law: Affects Multi-Housing Industry - Sept 96 Read the Article

Specifically Detail Roles of Security Officers - Oct 01 Read the Article

Court Upholds Rule Change on Sex Offenders - May 02 Read the Article

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Defective Conditions

Landlord's Liability for Defective Conditions - Nov 96 Read the Article

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Landlords Must be Aware of Mold Contamination - Aug 02 Read the Article

Mold Identification, Clean Up Important - June 03 Read the Article

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Rent to a Minor at Landlord's Risk - Apr 99 Read the Article

Can a Minor Child be "Emancipated" in Arizona? - May 92 Read the Article

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Liability for Maintenance Subject of Suit - Sept 97 Read the Article

Landlord Liability for Maintenance - May 99 Read the Article

Be Aware of Hazardous Conditions - Sept 00 Read the Article

Case Examines Injuries on Property - Nov 00 Read the Article

Case Examines Owner, Management Company Responsibility for Resident Injuries - June 02 Read the Article

Case Examines Negligence in Maintaining Property - Oct 02 Read the Article

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Assistive Animal or Pet? - Mar 99 Read the Article

Case Addresses Assistive Animals in Rental Property - Dec 02 Read the Article

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Avoiding Liability & Other Liability Issues

Liability Considerations in Fair-Housing Case - Jan 94 Read the Article

Apartment Ads: Words and Phrases to Avoid - July 98 Read the Article

Landlords, Owners, Face Potential Liability for Vendor's Actions - Dec 98 Read the Article

Dispose of Resident Property Carefully - Jan 01 Read the Article

Itemization of Accessed Damages Necessary - June 01 Read the Article

Case Examines Legal Right to Enter Unit - Aug 01 Read the Article

Landlord's Right of Access to Make Improvements - Sept 01 Read the Article

Case Examines Personal Property Left in Unit - Oct 02 Read the Article

Corporate Officers Could be Liable for Fair Housing Violations - Nov 02 Read the Article

Case Examines Resident's Erratic Behavior - Feb 03 Read the Article

Wording in Releases and Waivers to Avoid Liability - May 03 Read the Article

Disclosure Necessary when Entering into Transaction on Behalf of Owner - Oct 03 Read the Article

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Rental Applications

Rejecting an Applicant

Applicants Denied if Threat to Others - Apr 97 Read the Article

Clearly Explain Applicant Rejection - Oct 99 Read the Article

Rental Procedures

Are Oral Promises Binding? - Aug 92 Read the Article

Update Resident Information Regularly - Nov 99 Read the Article

Case Shows Need for Consistent Rental Procedures - Feb 01 Read the Article

Case Examines Accuracy of Resident Screening - Sep 02 Read the Article

Faxed Signatures on a Lease Agreement: Are They Valid?- June 03 Read the Article

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Rental Agreements

Terminations/Evictions

Termination of Tenancies - Aug 89 Read the Article

Immediate Termination of Rental Agreement - Feb 93 Read the Article

A Defective Section 8 Termination Notice - Feb 94 Read the Article

Be Aware of Constructive Evictions - May 96 Read the Article

Be Specific in Termination Notices - Dec 97 Read the Article

Co-Signer Liability Beyond Original Lease Limited - Jan 99 Read the Article

Public Housing Evictions Require Consideration - Jan 00 Read the Article

Case Examines Section 8 Termination - Dec 01 Reach the Article

Early Termination of Lease Agreement Read the Article

Prohibited Provisions

Prohibited Provisions in Rental Agreements - Oct 92 Read the Article

Utilization of Addendum to Rental Agreement for Drug-Free Housing - Apr 93 Read the Article

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Employer/Employee Issues

The American With Disabilities Act of 1990 - Jan 93 Read the Article

Handicap Discrimination in Hiring - June 94 Read the Article

Overview of the Law on Negligent Hiring - Mar 95 Read the Article

Polygraph Examinations - Aug 95 Read the Article

Prohibition Against Hiring or Continuing to Employ Unauthorized Aliens; Check INS - Sept 95 Read the Article

Advice Regarding Employment of Unauthorized Aliens by Arizona Landlords, Others - Oct 95 Read the Article

How to Legally Handle a Job Reference - Nov 95 Read the Article

Employer Liability for Firing an Obese Employee - Feb 96 Read the Article

Drug Use at Work Not Covered by the ADA - Mar 96 Read the Article

Know Employer Rights When Hiring Temps - June 96 Read the Article

Employer Liability for Drug or Alcohol Impaired Employee; Not Always Clear - July 96

Employment Protection Act - Aug 96 Read the Article

Lifting Restrictions Not Always Covered by the ADA - Oct 97 Read the Article

Landlords Should Consider Arbitration of Employment Disputes - Sept 98 Read the Article

Use Care When Evicting a Former Employee - June 99 Read the Article

Law Permits Employee Drug/Alcohol Tests - Dec 00 Read the Article

Employee Background Checks Necessary - Mar 01 Read the Article

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Miscellaneous

Know Your Instructors - June 90 Read the Article

New Provisions of the Arizona Residential and Landlord and Tenant Act - Dec 92 Read the Article

New Rules of Disclosure in Court - Mar 93 Read the Article

Proposed Changes to Residential Landlord Tenant Act - Apr 94 Read the Article

Landlords Should Know Insurance Coverage - Sept 99 Read the Article

Law Covers Debt Collection - Feb 00 Read the Article

Soldiers' and Sailors' Relief Act - Dec 01 Read the Article

Case Examines On-Site Political Campaigning - Mar 02 Read the Article

Court Upholds Rule Change on Sex Offenders - May 02 Read the Article

Landowners Lose Suit Against Right to Build - July 02 Read the Article

Case Examines Personal Property Left in Unit - Oct 02 Read the Article

Lease Obligations Under The Soldiers' and Sailors' Civil Relief Act - Aug 03 Read the Article

Fair Credit Reporting Act - Oct 03 Read the Article

Videotaping: Protect Yourself Before It's Too Late Read the Article

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