Residential Property Management
Our experienced team of attorneys is dedicated to providing comprehensive legal counsel across the entire lifecycle of Residential Property Management. With extensive experience in compliance and litigation, we assist our clients in navigating the complex legal landscape associated with property management of apartments and single-family homes.
Our Residential Property Management practice covers a wide range of areas, including:
- Online/Offline Marketing: We help property management companies and vendors comply with advertising regulations, ensuring their marketing efforts are transparent, accurate, and compliant with applicable laws.
- Property Website Accessibility: Our team coordinates reviews of property management websites for accessibility to individuals with disabilities, in compliance with Americans with Disabilities Act (ADA) accessibility standards.
- Tenant Screening and Renter History Reporting: Our team has extensive experience providing guidance to property management companies and vendors on tenant screening product design and process improvement, including compliance with consumer reporting and fair housing laws and contractual obligations. If needed, our team also has deep experience defending complex tenant screening and consumer reporting litigation and enforcement matters.
- Electronic Leasing: Our team assists property management operators and vendors in developing and implementing electronic leasing systems, ensuring compliance with e-signature laws, and other applicable laws and regulations.
- Consumer Payments: We advise property management operators and vendors about accepting and processing consumer payments, including compliance with the Electronic Funds Transfer Act (EFTA), card system rules, and other payment-related regulations.
- Security Deposits and Renters' Insurance: Our team helps structure security deposit solutions and renters' insurance products, helping property management operators and vendors protect their interests and comply with relevant laws.
- Consumer Data Privacy: We assist property management operators and vendors in safeguarding consumer data, ensuring compliance with overlapping sectoral federal data privacy laws and a growing field of state privacy laws, such as the California Consumer Privacy Act (CCPA).
- Data Safeguards and Vendor Management: We help property management industry firms establish and maintain effective data safeguards and vendor management practices in line with applicable insurance and legal requirements.
- Debt Collections: Our attorneys provide guidance on compliant debt collection practices, defend property management professionals against litigation and enforcement matters, and counsel on enterprise compliance management and process improvement for the recovery of outstanding receivables that comports with the Fair Debt Collection Practices Act (FDCPA) and other applicable laws.
In addition to serving property management operators and vendors, our firm also offers counsel to leading trade associations representing the residential property management industry. With our in-depth industry knowledge and legal experience, we strive to provide our clients with practical solutions and proactive guidance to address their unique legal challenges.
- Implemented enterprise compliance programs for RPM vendors under CFPB and FTC oversight;
- Structured innovative programs for renters' insurance, tenant screening, and security deposit alternatives;
- Reviewed RPM leases and practices for compliance with applicable state and local debt collections and payments laws;
- Defended tenant screening providers in complex litigation matters;
- Audited RPM firms' tenant screening criteria, including anti-fraud, adverse action, consumer dispute, and criminal screening processes;
- Conducted consumer data inventories, audits, and developed privacy programs for Fortune 500 companies and property managers;
- Drafted legislation and regulatory commentary for proposed federal and state property management laws and regulation;
- Provided RPM industry technical guidance for consumer marketing, fair housing, debt collections, renter history reporting, and tenant screening compliance;
- Drafted state and federal legislation for tenant screening and property management;
- Negotiated complex vendor agreements and DaaS/SaaS and API licenses;
- Wrote amicus briefs for industry trade groups on tenant screening litigation; and
- Advised national standards organizations on the development of consumer reporting standards for rental history data.