Federal Arbitration Act (FAA): Primary federal law governing arbitration agreements in the United States, establishing their validity, enforceability, and implementation
Fair Housing Act: Federal law prohibiting discrimination in housing transactions, which must be considered when drafting arbitration clauses to ensure they don't enable discriminatory practices
Americans with Disabilities Act: Federal law ensuring accessibility requirements are met, including in dispute resolution processes
State Arbitration Laws: State-specific regulations governing arbitration proceedings and agreements, which may impose additional requirements beyond federal law
State Landlord-Tenant Laws: State-specific laws governing residential rental relationships, which may affect what can be arbitrated and how
Unconscionability Doctrine: Legal principle requiring arbitration agreements to be both procedurally and substantively fair to be enforceable
Clear Disclosure Requirements: Legal requirement that arbitration clauses must be clearly visible and understandable to all parties
Mutuality of Obligations: Legal principle requiring that arbitration obligations must be mutual between landlord and tenant
Cost Allocation Requirements: Rules governing how arbitration costs must be distributed between parties to maintain fairness and accessibility
Opt-out Provisions: Requirements regarding whether and how tenants must be given the option to opt out of arbitration
State Supreme Court Precedents: Relevant state-level court decisions affecting the enforceability and requirements of residential lease arbitration clauses
Class Action Considerations: Rules and precedents regarding the permissibility and enforcement of class action waivers in arbitration agreements
