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HUD Cautions Against Denying Housing Over Criminal Record

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By Donna Kimura, www.housingfinance.org

 

Landlords with a blanket policy of denying housing to people with criminal records are in violation of the Fair Housing Act, according to the Department of Housing and Urban Development (HUD). 

 

“The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics,” said HUD in newly issued guidance.

 

“Because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African-Americans and Hispanics,” according to HUD.

 

“While the Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”

 

The guidance stresses that arrests are not the same as convictions. A housing provider that denies housing to persons on the basis of arrests not resulting in conviction cannot prove that the exclusion actually assists in protecting resident safety and/or property, said HUD.

 

When there are applicants with convictions, landlords must still prove that a policy to exclude them is necessary and nondiscriminatory.

 

“A housing provider that imposes a blanket prohibition on any person with any conviction record—no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then—will be unable to meet this burden.” said HUD.

 

“I am so thrilled,” said JoAnne Page, president and CEO of The Fortune Society in New York City, which works with people who have been incarcerated. “We have been fighting for this, fighting against a blanket discrimination with people with records.”

 

Housing and employment are foundations for people and families, and it’s hard to get and hold employment without housing, she told Affordable Housing Finance.

 

The guidance, she said, tells housing providers to look at the individual, how long ago the crime was, and what the person has done recently.

 

Page said she is also hopeful HUD’s action will help reunite or keep families together. In some cases, a family member such as a father or son isn’t allowed to live with his family because he has a record.

 

The guidance is largely consistent with what the industry has been talking about for a long time, according to Amy Glassman, an attorney with the Ballard Spahr law firm in Washington, D.C.

 

Owners have to be careful and thoughtful in their screenings when they are using criminal background checks so their policies don’t have an unnecessary discriminatory effect.

 

“It’s a hard balance,” Glassman told AHF. “Both owners and residents of apartment complexes have a legitimate interest in ensuring they live in a safe environment. There are certain criminal backgrounds indicative of past violent behavior or behavior that might take away from the safety of the residents. In that situation, I think the owners have legitimate needs to use criminal convictions to screen, but they also have to be very thoughtful about it.”

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Business

COMMENTARY: Your California Living Trust Could Be Next: When Evidence Isn’t Enough

A recent California appellate ruling in the case of the Laura Dean Head Living Trust serves as a sobering warning for property owners relying on estate planning. Despite Dr. Head’s express written wishes to disinherit her estranged sisters and name a longtime friend as beneficiary, the court invalidated the trust based on undue influence. This decision highlights how documented intentions and supporting testimony from legal and medical professionals may still face successful legal challenges from disinherited relatives. Read more to see how this precedent impacts California homeowners.

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You put your home in a living trust. You choose who inherits. You expressly disinherit relatives. An attorney prepares the documents. You expect your wishes to survive you.

Dr. Laura Dean Head’s trust did not.

California property owners should examine Laura Dean Head Living Trust, Alameda County Superior Court, Oakland, Case No. RP20061734, and Hamlin v. Jendayi, California Court of Appeal, First Appellate District, Division Three, Case No. A167695.

The case delivers a sobering warning: a living trust can face a successful challenge even when its chosen beneficiary presents evidence supporting the person’s stated wishes.

Head, a San Francisco State University professor, named Zakiya Jendayi as successor trustee and primary beneficiary. They had known each other for 28 years. Seven years after Dr. Head’s death, her estranged sisters contested the trust. Jendayi alleges that they consulted various probate attorneys while forum shopping before pursuing the challenge. Judge Sandra K. Bean in Dept. 103 invalidated the trust based on undue influence.

Jendayi’s compilation, “The Truth Is in the Transcriptions,” places disputed findings beside testimony and medical records. She argues that the evidence tells a different story.

Estate planning attorney Elaine Lee testified that she reviewed the trust privately with Head, behind a closed door. Lee’s testimony, reproduced in the compilation, attributes the beneficiary choices to Head and describes her insistence that her sisters receive nothing.

Hospice social worker Jenna Noe confirmed that Head told her she wanted to leave her belongings to Jendayi. Noe also testified that Head made her own decisions in their conversations.

The court described complete dependence on Jendayi. The compilation points to paid caregivers, hospice professionals and frequent visits from friends. When the judge asked nurse Dolly Woodson whether she had witnessed Jendayi abusing Head, Woodson answered no.

Jendayi also challenges the court’s treatment of her conditional power of attorney and alleges omissions and unequal treatment of evidence.

Yet the appellate court affirmed the judgment. It found substantial evidence supporting undue influence, rejected the judicial-bias claims and deemed any deficiencies in the statement of decision harmless. The published portion held that disinherited potential intestate heirs had standing to contest the trust.

That ruling endangers Californians who have properties held in a trust. Disinheritance did not prevent this challenge, and evidence supporting Head’s intentions did not secure the outcome Jendayi sought.

For homeowners relying on a living trust, the question is urgent: how well will your documented choices withstand a contested courtroom narrative?

Read the decision at https://law.justia.com/cases/california/court-of-appeal/2024/a167695m.html

Examine the testimony. Consider what happened when a woman’s written wishes and the evidence offered to defend them were still not enough.

Sources: Hamlin v. Jendayi (2024) 105 Cal.App.5th 1064, opinion filed Oct. 17, 2024, modified Nov. 12, 2024; Jendayi’s supplied compilation of transcript excerpts and exhibits. Claims of error reflect Jendayi’s position.

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Commentary

Oakland Probate Dispute Raises Questions About Court-Ordered Property Transfer and Missing Notice

A legal dispute over an Oakland property has intensified following a tentative ruling that favored occupant Zakiya Jendayi, who claimed she was not properly notified before a judge ordered the property transferred into an estate. After the ruling, the estate’s administrator successfully challenged the presiding judge and requested the case be returned to the judge who signed the original transfer order. The First District Court of Appeal has now intervened to review the disqualification process and recent changes to the court docket. Read more.

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Opinion and documentary analysis | Part 2 of 2

A tentative ruling found that Oakland property occupant Zakiya Jendayi had not received notice before a judge ordered its transfer into an estate.

The ruling was not final. Attention shifted to the assigned judge.

The estate’s special administrator, Phillip Campbell, invoked California Code of Civil Procedure Section 170.6 to disqualify Judge Stephanie Sato. The trial court granted the challenge Sept. 9, 2026.

Five days later, Campbell requested reassignment specifically to Judge Sandra Bean, who had signed the property order Jendayi sought to overturn.

The sequence raises questions about procedural fairness.

A Challenge After an Unfavorable Ruling

Sato’s Sept. 8 tentative ruling concluded that California’s notice requirement protected Jendayi as an occupant, regardless of whether Jendayi held a valid ownership interest.

Her proposed decision would have vacated Bean’s Oct. 8, 2025, order.

Section 170.6 permits challenges under certain circumstances. Whether Campbell’s challenge was timely was disputed.

On Sept. 14, Campbell sought Bean’s reassignment, citing her familiarity with related trust litigation, judicial economy and consistency. Jendayi opposed the request the following day.

The timing invites serious public scrutiny but does not establish misconduct.

The Appellate Court Intervenes

In Kaiser Foundation Hospitals v. Superior Court (1987), a California appellate court examined the danger of allowing litigants to learn a judge’s likely decision before seeking disqualification.

The decision also recognized that changed assignments and insufficient notice can affect when a challenge is permissible.

On Sept. 17, 2026, the First District Court of Appeal stayed the order granting Campbell’s challenge and requested briefing addressing Kaiser.

That intervention did not vacate Bean’s property order, restore the invalidated trust or conclusively decide whether Campbell’s challenge was improper.

It did place the reassignment dispute under appellate review.

Questions in the Docket

Two versions of the court docket present another unresolved issue.

A printout preserved through Sept. 15 lacked reassignment entries that appeared in a later version. The later docket listed reassignment to Bean and a clerk’s notice under Sept. 9.

The difference warrants an explanation of when the entries were created, entered and made publicly accessible.

It does not establish deliberate backdating.

Accountability Beyond an Order

Judges generally enjoy immunity from damages claims arising from judicial acts, even when serious error is alleged. That protection does not make their decisions immune from review.

Appellate courts can correct legal errors; California’s Commission on Judicial Performance can investigate misconduct but cannot reverse judgments.

For Jendayi, the central concern remains practical: How much litigation must an occupant undertake to enforce a notice requirement intended to protect participation before property rights are adjudicated?

The U.S. Supreme Court’s decision in Mullane v. Central Hanover Bank & Trust Co. underscores the importance of meaningful notice and an opportunity to object.

The record establishes contested filings, a tentative ruling and appellate intervention, not anyone’s private motives.

The public deserves a transparent, documented explanation of this consequential judicial process.

A judge’s signature should resolve a lawful dispute, not silence legitimate questions about how the decision was reached.

The case is Estate of Laura Dean Head, Alameda County Superior Court case RP20066047. Records are available through the court’s eCourt Public Portal.

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Business

Veterans Housing Project Proposed for South Richmond

According to the development team’s presentation, the project has an estimated total cost of nearly $158 million. The presentation outlines five phases encompassing entitlement and construction documents, community outreach, soil remediation and utility work, podium and building construction, solar technology integration, and interior buildouts.

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Artist’s rendering of the complex that will have xx units for veterans. Courtesy image.

A proposed mixed-use development at 338 Carlson Blvd. could bring hundreds of homes and support services for military veterans to South Richmond.

Led by the Richmond-based Veterans Resource Program in partnership with Eagle Environmental Construction & Development, the proposal covers an approximately 2.3-acre property the nonprofit acquired in 2018.

The proposal features a multi-building residential development with various apartment sizes, though city documents and developer materials cite conflicting totals ranging from 226 to 268 units.

The proposal also includes approximately 40,000 square feet of commercial and retail space, about 200 parking spaces, and an entrepreneurial training and job-development component intended to connect veterans with economic and workforce opportunities.

According to the development team’s presentation, the project has an estimated total cost of nearly $158 million. The presentation outlines five phases encompassing entitlement and construction documents, community outreach, soil remediation and utility work, podium and building construction, solar technology integration, and interior buildouts.

Founded in 2011, the Veterans Resource Program provides housing assistance and other services to veterans, including those experiencing homelessness or transitioning from incarceration.

The proposal aims to advance Richmond’s affordable housing goals while connecting veterans with housing and supportive services. Details of affordability and veteran eligibility remain to be clarified.

The Richmond City Council was scheduled to receive an informational presentation on the project at its Oct. 6 meeting, following a continuance from Sept. 22. The item does not seek project approval or city funding. Any future request for city financial assistance or other public resources would require separate consideration and approval.

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