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Harry J. Kelly



Harry Kelly’s practice focuses on transactional and litigation aspects of housing, fair housing, reasonable accommodations, and accessible design, government contracts, financial institutions and bankruptcy law. He counsels owners of firms—particularly those active in real estate and housing—with respect to issues related to the operations of their businesses and assists them in litigation and enforcement matters. He also advises government contracts clients on transactional and regulatory issues and litigates claims against government agencies.

What do you focus on?

Asset Management and Operations

Over the course of the last 25 years, my practice has focused on issues arising from the operation and management of multifamily housing, including affordable housing properties. I represent a diverse array of clients, such as owners, developers, lenders, regulators and investors and provide guidance to maximize profitability, trouble-shoot operational and transactional issues and resolve disagreements before they become legal disputes.

Fair housing, reasonable accommodation, anti-discrimination

I routinely advise a variety of clients in developing policies to comply with fair housing and antidiscrimination laws (including reasonable accommodations and accessible design standards) and related occupancy issues. When necessary, I represent these parties in connection with investigations, compliance reviews enforcement and litigation.

Government contracts

Many of our clients do substantial business with the federal government, often on the basis of long-term contracts and regulatory agreements. I advise clients in the financial services, housing, and technology industries concerning transactional issues of their government contracts, assist them in resolving regulatory and compliance issues and, when necessary, litigate claims and enforcement disputes in agency proceedings and federal courts.

Disputes and litigation

I represent clients in disputes with federal agencies, resolution of contractual issues with public and private entities, compliance with antidiscrimination and environmental laws, and advise on financial matters, including bankruptcy. I practice before federal and state courts (including the Court of Federal Claims), boards of contract appeal and agency administrative panels.

Industry leadership and outreach

I write and lecture widely on matters such as fair housing and antidiscrimination laws, accessibility, management, occupancy, and operational issues and administrative enforcement matters. I am also a Washington representative of the firm’s recruiting committee. I enjoy the opportunity—in meetings and conferences with government and industry leaders, in law school interviews and through webinars and other social media—to share innovative ideas and to exchange perspectives.

What do you see on the horizon?

While there may be continued disagreement about the size and proper role of government programs, there will continue to be an active intersection between the private and public sectors whose interests are sometimes cooperative and sometimes confrontational. Whatever the nature of a stakeholder’s interest, there is a need for informed and adroit legal guidance to set strategies, anticipate and avoid disputes wherever possible and to resolve matters successfully when disputes do arise.

Presentations

  • “Fair Housing Update: Important Guidance on Screening Policies and Other Fair Housing Issues,” National Leased Housing Association, June 22, 2016
  • “A Year After SCOTUS: Latest Trends in Disparate Impact,” National Apartment Association/National Affordable Housing Management Association, June 16, 2016
  • “Latest Fair Housing Issues,” Housing Development Law Institute, April 2016
  • “Reasonable Accommodations and Assistance Animals,” National Association of Residential Property Managers, April 12, 2016
  • “Fallout: The Impact of the Supreme Court’s Disparate Impact Decision,” National Housing Conference, November 6, 2015
  • “Fallout: The Impact of the Supreme Court’s Disparate Impact Decision,” National Housing and Redevelopment Association, November 1, 2015
  • “Disparate Impact Developments after the Inclusive Communities Decision,” National Affordable Housing Management Association, October 26, 2015
  • “Disparate Impact Developments,” New York State Association for Affordable Housing Upstate Conference, September 30, 2015
  • “Disparate Impact Developments,” National Council of State Housing Agencies Annual Conference, September 29, 2015
  • “Disparate Impact, VAWA, and Local Barriers to Housing: New Developments Impacting Affordable Housing Providers,” Vendome webinar, September 17, 2015
  • “Fallout: Housing Discrimination and Disparate Impact After Inclusive Communities,” National Multifamily Housing Council/National Apartment Association Webinar, July 30, 2015
  • “Fallout: Housing Discrimination and Disparate Impact after Inclusive Communities,” Georgia Apartment Association, July 27, 2015
  • “Resident Protections from VAWA to Fair Housing,” National Leased Housing Association, June 26, 2015
  • “The Impact of Disparate Impact on Multifamily Affordable Housing,” National Apartment Association Education Conference & Exposition, June 25, 2015
  • “Religious Garb and Grooming in the Workplace: Rights, Responsibilities and 2014 EEOC Guidance,” Housing and Development Law Institute, April 9-10, 2015
  • “Fair Housing and Housing Accessibility—An Overview,” Lawline CLE webinar, June 13, 2014.
  • “Fair Housing Enforcement: What You Need To Know,” Housing and Development Law Institute, May 16, 2014
  • “Navigating the New Fair Housing Rule and Challenging NIMBYism Through Fair Housing Litigation: A Lifecycle Approach,” National Housing and Rehabilitation Association, February 22, 2014

Wrestling with Disparate Impact: Fair Housing Developments a Year After Supreme Court’s Decision

Tax Credit Advisor | August 31, 2016

Washington DC Affordable Housing partner Harry Kelly authored this column discussing the various consequences of a Supreme Court decision regarding disparate impact liability.

Contact

Harry J. Kelly

Partner

Washington, DC

Phone: 202-585-8712


Boston University School of Law, J.D.

Harvard University, John F. Kennedy School of Government, M.C.R.P.

Williams College, B.A.

District of Columbia

Massachusetts

Harry has received an AV Preeminent® Peer Review RatingTM from Martindale Hubbell®, the highest possible rating for ethics and legal ability.

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