58 votes
Accepted

HOA Prohibits "Large Families"

As stated, this is not a reasonable restriction and runs afoul of the Fair Housing Act. You cannot discriminate based on family status, with an exemption for "housing for older persons", and ...
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  • 160k
42 votes

HOA Prohibits "Large Families"

What happens if we build a house (with plenty of room), move in with our two kids, and then have another baby? You will start getting spurious violations like: Your grass was not cut Tuesday morning ...
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8 votes
Accepted

Tennants have not been informed that the house has been sold

There's good information at https://www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy. There are several types of tenancy with different rules, but in all of ...
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5 votes
Accepted

Religious Freedom, Housing, and Apostasy

What that church is doing is legal. There is a statutory exception in the Fair Housing Act for religious and non-profit organizations. 42 U.S. Code § 3607 - Religious organization or private club ...
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  • 20k
4 votes

Leased apartment changed management. Is requiring in-person payment unreasonable?

You can read about your rights as a California tenant at http://www.dca.ca.gov/publications/landlordbook/catenant.pdf This is rather ridiculous: 1) No judge will evict someone for paying rent by ...
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  • 41
4 votes

Is occupation distinct from "source of income"?

The Code defines "Source of income" as: lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. There's nothing to suggest that the occupation is a relevant ...
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  • 11.6k
4 votes
Accepted

Does the Fair Housing Act restrict landlords from offering incentives to educated tenants?

Education level is not an FHA protected category. However, whenever you give one broad group preferential treatment over another, you'll raise eyebrows. Someone might argue, for example, that while ...
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4 votes
Accepted

Are these HOA rules legal?

Yes, they can. How would they enforce it? It seems like the HOA would have to be able to request to see the tenant's credit report, background check, proof of income, and rent checks to make ...
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  • 134k
4 votes
Accepted

How can universities legally discriminate against a sex when filling dorms?

From what I can determine, there has not been a legal challenge to the practice that reached a high enough level to get on my radar, so it's not clearly prohibited or allowed. Turning to the relevant ...
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  • 160k
4 votes

Is there any law in the Unites States (in NYC) requiring plumbing inspections after ___ years in apartment buildings?

NYC local laws are available here. There is a new law (152 of 2016) requiring inspection of gas piping systems every 5 years. There is a facade inspection rule (11 of 1998), other rules about ...
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  • 160k
4 votes
Accepted

Can you refuse to rent to students in Texas?

Yes, this is legal, unless Richardson, TX has a specific local law making it illegal. In the US, discrimination is legal, unless it discriminates against one or more specific enumerated classes. ...
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  • 8,242
4 votes

Is it ever legally permitted for a landlord to withold/seize a tenant's posessions in exchange for owed rent arrears?

Ultimately yes, this can and does happen, but there are a few steps necessary before the bailiffs come to your door. In times gone by, the common law recognized a right to "distrain for rent"...
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  • 41
3 votes

I was lead to believe I signed a housing lease, but read the contract and found out I signed a limited license housing agreement. Is this legal?

A "limited license housing agreement" may be an interesting attempt to get around landlord-tenant laws, typically associated with official student housing (e.g. this from Queens College CUNY). This ...
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  • 160k
3 votes
Accepted

UK Housing Law - Section 21 Housing Act 1988 - The Tenants Rights

If the tenant finds a new place to live before the end of the two months' notice and wishes to leave early, is the tenant required to [give] one month's notice that they are leaving? No, the tenant ...
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3 votes

How can universities legally discriminate against a sex when filling dorms?

In Australia there is a specific exemption in the Sex Discrimination Act - s34(2): Nothing in Division 1 or 2 applies to or in relation to the provision of accommodation, where the accommodation is ...
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  • 151k
3 votes
Accepted

seller didn't disclose smoke smell in the house

Disclosures are prescribed by state law. Fair housing, which is a federal concept, pertains to issues such as using prohibited personal facts to determine whether to accept an offer. (Hazardous ...
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  • 160k
3 votes

Is it legal to rent exclusively to members of a religious college?

There are exemptions, and "justifications", in 24 CFR 100. The exemption is 100.10: (c) Nothing in this part, other than the prohibitions against discriminatory advertising, applies to: (1) ...
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  • 160k
3 votes
Accepted

Applicability of Fair Housing Act to cooperative housing

From the opinion in Fair Housing Council v. Roommate.com (2012): There's no indication that Congress intended to interfere with personal relationships inside the home. Congress wanted to address ...
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  • 5,435
3 votes
Accepted

Does the Fair Housing Act protect more privileged groups

The fair housing act does not mention "socially marginalized groups". It says that it shall be unlawful To discriminate against any person in the terms, conditions, or privileges of sale or rental ...
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  • 5,435
3 votes

Is it legal to restrict housing to certain occupations?

Not in the state of California. California law prohibits discrimination based on source of income; only discrimination based on amount of income is allowed. See the California Government Code, section ...
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  • 20.7k
2 votes
Accepted

Leased apartment changed management. Is requiring in-person payment unreasonable?

First and foremost, what does the lease agreement say. This is a binding contract and generally cannot be changed unilaterally. There are two issues here that need to be determined: Can, and if so ...
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  • 151k
2 votes

Does fair housing law prevent landlords from making deals?

Put simply: the fair housing laws are there to protect the rights of tenants and potential tenants. They limit your negotiating power to the extent you are trying to do something that the law is ...
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  • 5,587
2 votes

Can I sublet my apartment for the full lease amount and then live there effectively for free?

For California, this may be a useful guide. I assume the terms of the lease allow you to sublet (though I would be surprised if many leases actually allow it, without landlord approval). You would ...
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  • 160k
2 votes

Is "US Citizenship required" a legal qualification for jobs, housing, etc.?

The general rule is that all jobs must be open to "U.S. Workers." That is, citizens, permanent residences, asylees, and refugees. (8 USC 1324a). Advertising otherwise, is unlawful. There are some ...
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  • 1,522
2 votes

seller didn't disclose smoke smell in the house

This will be controlled by your contract of sale. Most contracts include a clause that basically says that the buyer has inspected the property and accepts it "as is." For example: Condition ...
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  • 24.9k
2 votes

Is it legal to rent exclusively to members of a religious college?

This might be illegal under the theory of disparate impact. Although non-students might not be a protected class in and of themselves, your policy would tend to give a relative disadvantage to ...
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2 votes

Religious Freedom, Housing, and Apostasy

Generally, an individual cannot be discriminated against on the basis of religion. However, churches have a large number of exemptions to this for some quite sensible reasons: for example, it is ...
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  • 151k
2 votes
Accepted

Landlord promised partial refund of apartment rent - how can I enforce this?

There are two possible scenarios: Your contract is with Bob, not with Peter. In this case it doesn't matter if Bob did not pay his part to Peter. Your contract with Bob does not involve him. Peter ...
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  • 599
2 votes

Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK

Normally, in British courts, once a trial has been conducted, only the evidence admitted at that trial (called the "record") may be considered on appeal. Additional evidence demonstrating that the ...
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  • 134k
2 votes

Any cases in UK that the student is partly refunded with the student housing payments for not able to obtain a visa or other reasons like COVID?

You must do what you contracted to do You contracted to pay rent from Dec 2020, they contracted to provide housing from Dec 2020. They did provide the housing, the fact that you were unable to use it ...
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  • 151k

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