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Real Estate News and Advice |
August 28, 2008 |
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In Fair Housing Disputes, Even If You Win, You Lose
by Blanche Evans
Fair housing violations, even if you aren't charged with anything, can still result in lost income and many hours spent defending yourself. Real estate defense attorney Robert N. Bass says he had a client who had to spend a chunk o' change to respond to "a totally bogus Fair Housing complaint." "He was a property manager," says Bass. "The owner decided not to renew this one tenant's lease. My guy sent the standard letter to her. She called the owner and begged him to renew her lease. He told her he wanted to use the unit as a seasonal rental; he'd rather rent it for six months at $1,500 per month, than continue to rent it for $750 year round. He told her it would be less wear and tear on the unit, etc. "She turned around and filed a Fair Housing complaint - claimed he was discriminating against her because she had kids! She pointed to the 'wear and tear' comment as her evidence." The tenant didn't lodge a complaint against the property manager, but he was dragged into the fray anyway when she mentioned his name as the property manager. "My guy got a subpoena from the Attorney General's Office Civil Rights Division, asking him for tons of documentation, not only on this unit but every one he managed (about 300 of them!," recalls Bass. "He had to close his office for several days just to copy and organize and summarize all the stuff they asked for. We put it all together and sent it in. We went down there for a meeting. They reviewed everything and thanked him for his cooperation, and that was the end of it. Good result, but he was out several thousand dollars and about 50 hours of his time." How can you keep from getting dragged into the same kind of mess? Says Bass, "Perhaps the only thing a property manager can do is become as familiar as possible with the law, and try to develop the habit of asking oneself, 'Could what I'm doing be misconstrued as discriminatory?' Sort of like sensitivity training, self-taught." Get familiar with Fair Housing laws at the Office Of Fair Housing and Equal Opportunity as outlined in the Fair Housing Act. Sec. 804. [42 U.S.C. 3604] deals with discrimination in sale or rental of housing and other prohibited practices and Sec. 805. [42 U.S.C. 3605] deals with discrimination in residential real estate-related transactions. Published: December 19, 2002 Use of this article without permission is a violation of federal copyright laws. Related Articles:
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