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Familial Status 2

This information is to help landlords with questions they may have. I have asked for a booklet or guide and was told to check out the Hud web site. Below is my attempt to put everything I can find related to Family Status on one page. I hope to have other pages for other discriminations in the future.

All of the below may be subject to interpretation.

This poster was in a school.

Most of below is from Petriestocking.com

In the Keating Memo, HUD sets forth what factors it will consider when reviewing fair housing complaints involving occupancy issues:

1. Size of the bedroom and unit:

Margaret Bowitz of the Metropolitan Milwaukee Fair Housing Council stated during a seminar that I attended, that “2 persons per bedroom” is just a starting point. Next, a landlord should look at the size of the bedroom. So if you have a large-sized bedroom than possibly more than 2 persons could sleep there. If the bedroom is smaller than average, maybe only 1 person would be allowed. Consider an occupancy code of 70 square feet per person for one person using the room for sleeping purposes and 50 square feet per person for rooms to be used for sleeping purposes by more than 1 person. Ms. Bowitz added that if the room is less than 70 square feet you would not have to allow it to be used for sleeping purposes, although you could allow it. She also mentioned that one can consider whether or not the area must be allowed to be considered a “sleeping quarter.” So for instance, if you have to walk through the room in order to get to another room in the rental unit, you would not be required to allow it to be used for sleeping purposes.

The city of Milwaukee has an ordinance that was created to prevent overcrowding (not to serve as an occupancy standard) that focuses on size (square footage) and ignores the number of bedrooms in a rental unit entirely.

Some states such as California have laws that state that “2 persons plus one” is the occupancy standard that should be used..

So ”clear” guidance on this issue is hard to come by.

2. Age of the children.

Qualifying for Familial Status Protection

To qualify for familial status protection under the FHA, you must be:

  • · the child's parent,
  • · the legal custodian of the child, or
  • · the "designee" of the child's parent or legal custodian, with that person's written permission.
  • As you can see, the FHA's ban on familial status discrimination broadly protects families with children without regard to whether the adults in the household are the child's biological parents.
  • Plus, if you're the parent or legal guardian and you formally designate someone (for example, the child's grandparent) to live with and care for your child, that household is covered by the FHA's protections. Also, your marital status is irrelevant, which means you can be married, single, divorced, or widowed without it affecting your familial status protection.

    In addition to the above, your child must be:

    • · under 18 years old,
    • · biological or adopted, and
    • · already a household member or expected to be one.
  • As long as there is at least one child under 18 living in the household, familial status protections apply. So, if you're currently covered under the FHA, you'll enjoy this protection until the youngest child in your household turns 18.
  • (Note: Simply living with your children doesn't get you familial status protection. If the children living with you are 18 or over, they're adults and so your household doesn't qualify as a family with children.)

    · Having rules for children, as opposed to rules for tenants

    · Restricting families with children to downstairs units only

    · Segregating families to one area of the complex

    · Complex rules against boys and girls sharing the same room

    3. Configuration of the unit:

    (Possibly: Square footage and if a den or similar space could be used as bedroom. Also as in #1 “She also mentioned that one can consider whether or not the area must be allowed to be considered a “sleeping quarter.” So for instance, if you have to walk through the room in order to get to another room in the rental unit, you would not be required to allow it to be used for sleeping purposes.” MD)

    4. Other physical limitations of housing (i.e. capacity of the septic, sewer, or other building systems)

    (Possibly: Age of dwelling could diminish usefulness. Water Supply (Pressure and Volume) and Drainage (Diminished removal of waste) of Septic/Sewer. Electrical useage for cooling and heating of dwelling (Forced temperature controlled air to specific rooms.) as well as water heating and its capacities. (See Manufacturers Usage Occupancy Limits.) Gas for heating of dwelling, water heating and its capacities (See Manufacturers Usage Occupancy Limits.) or cooking. MD)

    5. State and local law

    6. Other relevant factors, such as:

    - if the landlord has made discriminatory statements

    - if the landlord has taken steps to discourage families with children from living in its housing

    - if the landlord has enforced its occupancy policies only against families with children

    So what occupancy standard can a landlord set forth that will avoid discrimination complaints and keep the landlord out of trouble? I wish that I could provide you with a simple answer but unfortunately there is no bright line rule.

     

    From Hud.gov

    HUD has played a lead role in administering the Fair Housing Act since its adoption in 1968. The 1988 amendments, however, have greatly increased the Department's enforcement role. First, the newly protected classes have proven significant sources of new complaints. Second, HUD's expanded enforcement role took the Department beyond investigation and conciliation into the area of mandatory enforcement.

    Complaints filed with HUD are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If the complaint is not successfully conciliated, FHEO determines whether reasonable cause exists to believe that a discriminatory housing practice has occurred. Where reasonable cause is found , the parties to the complaint are notified by HUD's issuance of a Determination, as well as a Charge of Discrimination, and a hearing is scheduled before a HUD administrative law judge. Either party - complainant or respondent - may cause the HUD-scheduled administrative proceeding to be terminated by electing instead to have the matter litigated in Federal court. Whenever a party has so elected, the Department of Justice takes over HUD's role as counsel seeking resolution of the charge on behalf of aggrieved persons, and the matter proceeds as a civil action. Either form of action - the ALJ proceeding or the civil action in Federal court - is subject to review in the U.S. Court of Appeals.

    Significant Recent Changes

    • The Housing for Older Persons Act of 1995 (HOPA) makes several changes to the 55 and older exemption. Since the 1988 Amendments, the Fair Housing Act has exempted from its familial status provisions properties that satisfy the Act's 55 and older housing condition.

      First, it eliminates the requirement that 55 and older housing have significant facilities and services designed for the elderly. Second, HOPA establishes a good faith reliance immunity from damages for persons who in good faith believe that the 55 and older exemption applies to a particular property, if they do not actually know that the property is not eligible for the exemption and if the property has formally stated in writing that it qualifies for the exemption.
      HOPA retains the requirement that senior housing must have one person who is 55 years of age or older living in at least 80 percent of its occupied units. It also still requires that senior housing publish and follow policies and procedures that demonstrate an intent to be housing for persons 55 and older.

      An exempt property will not violate the Fair Housing Act if it includes families with children, but it does not have to do so. Of course, the property must meet the Act's requirements that at least 80 percent of its occupied units have at least one occupant who is 55 or older, and that it publish and follow policies and procedures that demonstrate an intent to be 55 and older housing.

      A Department of Housing and Urban Development rule published in the April 2, 1999, Federal Register implements the Housing for Older Persons Act of 1995, and explains in detail those provisions of the Fair Housing Act that pertain to senior housing.
    • Changes were made to enhance law enforcement, including making amendments to criminal penalties in section 901 of the Civil Rights Act of 1968 for violating the Fair Housing Act.
    • Changes were made to provide incentives for self-testing by lenders for discrimination under the Fair Housing Act and the Equal Credit Opportunity Act. See Title II, subtitle D of the Omnibus Consolidated Appropriations Act, 1997, P.L. 104 - 208 (9/30/96).
  • Basic Facts About the Fair Housing Act
  • What Housing Is Covered?

    The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

    What Is Prohibited?

    In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

    • · Refuse to rent or sell housing
    • · Refuse to negotiate for housing
    • · Make housing unavailable
    • · Deny a dwelling
    • · Set different terms, conditions or privileges for sale or rental of a dwelling
    • · Provide different housing services or facilities
    • · Falsely deny that housing is available for inspection, sale, or rental
    • · For profit, persuade owners to sell or rent (blockbusting) or
    • · Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
  • In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability):
    • · Refuse to make a mortgage loan
    • · Refuse to provide information regarding loans
    • · Impose different terms or conditions on a loan, such as different interest rates, points, or fees
    • · Discriminate in appraising property
    • · Refuse to purchase a loan or
    • · Set different terms or conditions for purchasing a loan.
  • In Addition: It is illegal for anyone to:
    • · Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
    • · Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
  • Additional Protection if You Have a Disability
  • If you or someone associated with you:

    • · Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
    • · Have a record of such a disability or
    • · Are regarded as having such a disability
  • your landlord may not:
    • · Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
    • · Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
  • Example: A building with a no pets policy must allow a visually impaired tenant to keep a guide dog.
  • Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

    However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

    Requirements for New Buildings

    In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

    • · Public and common areas must be accessible to persons with disabilities
    • · Doors and hallways must be wide enough for wheelchairs
    • · All units must have:
      • · An accessible route into and through the unit
      • · Accessible light switches, electrical outlets, thermostats and other environmental controls
      • · Reinforced bathroom walls to allow later installation of grab bars and
      • · Kitchens and bathrooms that can be used by people in wheelchairs.
  • If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units.
  • These requirements for new buildings do not replace any more stringent standards in State or local law.

    Housing Opportunities for Families

    Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:

    • · A parent
    • · A person who has legal custody of the child or children or
    • · The designee of the parent or legal custodian, with the parent or custodian's written permission.
  • Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.
  • Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:

    • · The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
    • · It is occupied solely by persons who are 62 or older or
    • · It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.
  • A transition period permits residents on or before September 13, 1988, to continue living in the housing, regardless of their age, without interfering with the exemption.
  • If You Think Your Rights Have Been Violated

    HUD is ready to help with any problem of housing discrimination. If you think your rights have been violated, the Housing Discrimination Complaint Form is available for you to download, complete and return, or complete online and submit, or you may write HUD a letter, or telephone the HUD Office nearest you. You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.

    What to Tell HUD:

    • · Your name and address
    • · The name and address of the person your complaint is against (the respondent)
    • · The address or other identification to the housing involved
    • · A short description to the alleged violation (the event that caused you to believe your rights were violated)
    • · The date(s) to the alleged violation
  • Where to Write or Call:
  • Send the Housing Discrimination Complaint Form or a letter to the HUD Office nearest you or you may call that office directly.

    If You Are Disabled:

    HUD also provides:

    • · A toll-free TTY phone for the hearing impaired: 1-800-927-9275.
    • · Interpreters
    • · Tapes and braille materials
    • · Assistance in reading and completing forms
  • What Happens when You File a Complaint?
  • HUD will notify you when it receives your complaint. Normally, HUD also will:

    • · Notify the alleged violator of your complaint and permit that person to submit an answer
    • · Investigate your complaint and determine whether there is reasonable cause to believe the Fair Housing Act has been violated
    • · Notify you if it cannot complete an investigation within 100 days of receiving your complaint
  • Conciliation
  • HUD will try to reach an agreement with the person your complaint is against (the respondent). A conciliation agreement must protect both you and the public interest. If an agreement is signed, HUD will take no further action on your complaint. However, if HUD has reasonable cause to believe that a conciliation agreement is breached, HUD will recommend that the Attorney General file suit.

    Complaint Referrals

    If HUD has determined that your State or local agency has the same fair housing powers as HUD, HUD will refer your complaint to that agency for investigation and notify you of the referral. That agency must begin work on your complaint within 30 days or HUD may take it back.

    What if You Need Help Quickly?

    If you need immediate help to stop a serious problem that is being caused by a Fair Housing Act violation, HUD may be able to assist you as soon as you file a complaint. HUD may authorize the Attorney General to go to court to seek temporary or preliminary relief, pending the outcome of your complaint, if:

    • · Irreparable harm is likely to occur without HUD's intervention
    • · There is substantial evidence that a violation of the Fair Housing Act occurred
  • Example: A builder agrees to sell a house but, after learning the buyer is black, fails to keep the agreement. The buyer files a complaint with HUD. HUD may authorize the Attorney General to go to court to prevent a sale to any other buyer until HUD investigates the complaint.
  • What Happens after a Complaint Investigation?

    If, after investigating your complaint, HUD finds reasonable cause to believe that discrimination occurred, it will inform you. Your case will be heard in an administrative hearing within 120 days, unless you or the respondent want the case to be heard in Federal district court. Either way, there is no cost to you.

    The Administrative Hearing:

    If your case goes to an administrative hearing HUD attorneys will litigate the case on your behalf. You may intervene in the case and be represented by your own attorney if you wish. An Administrative Law Judge (ALA) will consider evidence from you and the respondent. If the ALA decides that discrimination occurred, the respondent can be ordered:

    • · To compensate you for actual damages, including humiliation, pain and suffering.
    • · To provide injunctive or other equitable relief, for example, to make the housing available to you.
    • · To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation and $65,000 for a third violation within seven years.
    • · To pay reasonable attorney's fees and costs.
  • Federal District Court
  • If you or the respondent choose to have your case decided in Federal District Court, the Attorney General will file a suit and litigate it on your behalf. Like the ALA, the District Court can order relief, and award actual damages, attorney's fees and costs. In addition, the court can award punitive damages.

    In Addition

    You May File Suit: You may file suit, at your expense, in Federal District Court or State Court within two years of an alleged violation. If you cannot afford an attorney, the Court may appoint one for you. You may bring suit even after filing a complaint, if you have not signed a conciliation agreement and an Administrative Law Judge has not started a hearing. A court may award actual and punitive damages and attorney's fees and costs.

    Other Tools to Combat Housing Discrimination:

    If there is noncompliance with the order of an Administrative Law Judge, HUD may seek temporary relief, enforcement of the order or a restraining order in a United States Court of Appeals.

    The Attorney General may file a suit in a Federal District Court if there is reasonable cause to believe a pattern or practice of housing discrimination is occurring.

     

    From ecfr.gov

    Subpart B—Discriminatory Housing Practices

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    §100.50 Real estate practices prohibited.

    (a) This subpart provides the Department's interpretation of conduct that is unlawful housing discrimination under section 804 and section 806 of the Fair Housing Act. In general the prohibited actions are set forth under sections of this subpart which are most applicable to the discriminatory conduct described. However, an action illustrated in one section can constitute a violation under sections in the subpart. For example, the conduct described in §100.60(b)(3) and (4) would constitute a violation of §100.65(a) as well as §100.60(a).

    (b) It shall be unlawful to:

    (1) Refuse to sell or rent a dwelling after a bona fide offer has been made, or to refuse to negotiate for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin, or to discriminate in the sale or rental of a dwelling because of handicap.

    (2) Discriminate in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with sales or rentals, because of race, color, religion, sex, handicap, familial status, or national origin.

    (3) Engage in any conduct relating to the provision of housing which otherwise makes unavailable or denies dwellings to persons because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination.

    (5) Represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that a dwelling is not available for sale or rental when such dwelling is in fact available.

    (6) Engage in blockbusting practices in connection with the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

    (7) Deny access to or membership or participation in, or to discriminate against any person in his or her access to or membership or participation in, any multiple-listing service, real estate brokers' association, or other service organization or facility relating to the business of selling or renting a dwelling or in the terms or conditions or membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin.

    (c) The application of the Fair Housing Act with respect to persons with handicaps is discussed in subpart D of this part.

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    §100.60 Unlawful refusal to sell or rent or to negotiate for the sale or rental.

    (a) It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who has made a bona fide offer, because of race, color, religion, sex, familial status, or national origin or to refuse to negotiate with a person for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin, or to discriminate against any person in the sale or rental of a dwelling because of handicap.

    (b) Prohibited actions under this section include, but are not limited to:

    (1) Failing to accept or consider a bona fide offer because of race, color, religion, sex, handicap, familial status, or national origin.

    (2) Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with, any person because of race, color, religion, sex, handicap, familial status, or national origin.

    (3) Imposing different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Using different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, sex, handicap, familial status, or national origin.

    (5) Evicting tenants because of their race, color, religion, sex, handicap, familial status, or national origin or because of the race, color, religion, sex, handicap, familial status, or national origin of a tenant's guest.

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    §100.65 Discrimination in terms, conditions and privileges and in services and facilities.

    (a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to impose different terms, conditions or privileges relating to the sale or rental of a dwelling or to deny or limit services or facilities in connection with the sale or rental of a dwelling.

    (b) Prohibited actions under this section include, but are not limited to:

    (1) Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits and the terms of a lease and those relating to down payment and closing requirements, because of race, color, religion, sex, handicap, familial status, or national origin.

    (2) Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

    (3) Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Limiting the use of privileges, services or facilities associated with a dwelling because of race, color, religion, sex, handicap, familial status, or national origin of an owner, tenant or a person associated with him or her.

    (5) Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because a person failed or refused to provide sexual favors.

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    §100.70 Other prohibited sale and rental conduct.

    (a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood or development.

    (b) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons.

    (c) Prohibited actions under paragraph (a) of this section, which are generally referred to as unlawful steering practices, include, but are not limited to:

    (1) Discouraging any person from inspecting, purchasing or renting a dwelling because of race, color, religion, sex, handicap, familial status, or national origin, or because of the race, color, religion, sex, handicap, familial status, or national origin of persons in a community, neighborhood or development.

    (2) Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, handicap, familial status, or national origin, by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development.

    (3) Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of race, color, religion, sex, handicap, familial status, or national origin.

    (d) Prohibited activities relating to dwellings under paragraph (b) of this section include, but are not limited to:

    (1) Discharging or taking other adverse action against an employee, broker or agent because he or she refused to participate in a discriminatory housing practice.

    (2) Employing codes or other devices to segregate or reject applicants, purchasers or renters, refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, handicap, familial status, or national origin, or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, handicap, familial status, or national origin.

    (3) Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Refusing to provide municipal services or property or hazard insurance for dwellings or providing such services or insurance differently because of race, color, religion, sex, handicap, familial status, or national origin.

    (5) Enacting or implementing land-use rules, ordinances, policies, or procedures that restrict or deny housing opportunities or otherwise make unavailable or deny dwellings to persons because of race, color, religion, sex, handicap, familial status, or national origin.

    [54 FR 3283, Jan. 23, 1989, as amended at 78 FR 11481, Feb. 15, 2013]

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    §100.75 Discriminatory advertisements, statements and notices.

    (a) It shall be unlawful to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination.

    (b) The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a dwelling.

    (c) Discriminatory notices, statements and advertisements include, but are not limited to:

    (1) Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, handicap, familial status, or national origin.

    (2) Expressing to agents, brokers, employees, prospective sellers or renters or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, handicap, familial status, or national origin of such persons.

    (3) Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of race, color, religion, sex, handicap, familial status, or national origin.

    (d) 24 CFR part 109 provides information to assist persons to advertise dwellings in a nondiscriminatory manner and describes the matters the Department will review in evaluating compliance with the Fair Housing Act and in investigating complaints alleging discriminatory housing practices involving advertising.

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    §100.80 Discriminatory representations on the availability of dwellings.

    (a) It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rental.

    (b) Prohibited actions under this section include, but are not limited to:

    (1) Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, handicap, familial status, or national origin.

    (2) Representing that covenants or other deed, trust or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin preclude the sale of rental of a dwelling to a person.

    (3) Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale or rental, because of race, color, religion, sex, handicap, familial status, or national origin.

    (5) Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing, because of race, color, religion, sex, handicap, familial status, or national origin.

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    §100.85 Blockbusting.

    (a) It shall be unlawful, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, or national origin or with a handicap.

    (b) In establishing a discriminatory housing practice under this section it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activity.

    (c) Prohibited actions under this section include, but are not limited to:

    (1) Engaging, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, handicap, familial status, or national origin of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental.

    (2) Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, sex, familial status, or national origin, or with handicaps, can or will result in undesirable consequences for the project, neighborhood or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.

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    §100.90 Discrimination in the provision of brokerage services.

    (a) It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin.

    (b) Prohibited actions under this section include, but are not limited to:

    (1) Setting different fees for access to or membership in a multiple listing service because of race, color, religion, sex, handicap, familial status, or national origin.

    (2) Denying or limiting benefits accruing to members in a real estate brokers' organization because of race, color, religion, sex, handicap, familial status, or national origin.

    (3) Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, handicap, familial status, or national origin.

    (4) Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, handicap, familial status, or national origin.

     

    All information is my best guess and intended to help landlords. However information is deemed reliable but not guaranteed and subject to errors.

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    This entire process took approximately 8 MONTHS. You may need records of when the property had the drains snaked/cleaned out and if you do it yourself, receipts for the tools. If you have the means an attorney would be great as at the time I was extremely pissed off. In my opinion the investigator did not properly investigate all of the needed information. If so it may not have dragged out so long.