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63 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 ...
user6726's user avatar
  • 215k
48 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 ...
MonkeyZeus's user avatar
  • 1,094
48 votes
Accepted

How can roomate finder offer an 'LGBT household' option for filtering potential roomates without violating USA's fair housing act?

The words of the prohibition in 24 CFR 100.60(a)are that 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, ...
user6726's user avatar
  • 215k
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 ...
Nate Eldredge's user avatar
6 votes

reasonable accommodations for housing for people with disabilities

What "reasonable accommodation" were you requesting? That they lower the bar of determining your ability to pay your bills on time? I don't think that will qualify. A business setting a ...
mikem's user avatar
  • 308
6 votes

US(Florida) - Can I post publicly against the grift from my landlord

If you are in a dispute with another party that you can't resolve amicably through negotiation (i.e. "Mr. Landlord, would you take $100 for the fridge repairs rather than the cost of a whole ...
Justin Cave's user avatar
  • 3,067
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 ...
ohwilleke's user avatar
  • 221k
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 ...
Diogenes Creosote's user avatar
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. ...
sharur's user avatar
  • 8,811
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 ...
user6726's user avatar
  • 215k
4 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 ...
user6726's user avatar
  • 215k
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 ...
user6726's user avatar
  • 215k
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"...
radgett's user avatar
  • 41
3 votes

Is there any legal avenue for declaration of residence in Denmark with the right to not have a home?

You mentioned germany. Germany discriminates between German citizens, EU citizens, foreign permanent residents, and not-yet-resident foreigners. Your assertion is wrong, the lack of a residence can ...
o.m.'s user avatar
  • 18.3k
3 votes

Is there any legal avenue for declaration of residence in Denmark with the right to not have a home?

No It is not a fundamental human right to be able to become a resident of Denmark. Every country has the right to decide who is and who is not a resident and what criteria need to be satisfied. Having ...
Dale M's user avatar
  • 213k
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 ...
Dale M's user avatar
  • 213k
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 ...
Dave D's user avatar
  • 5,605
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 ...
Dave D's user avatar
  • 5,605
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 ...
user6726's user avatar
  • 215k
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) ...
user6726's user avatar
  • 215k
3 votes

US(Florida) - Can I post publicly against the grift from my landlord

The first question is, what do you believe is fair charges for your time in this property? Is there a rightful amount that you should be paying for? He presented you with an itemized bill but you ...
Pete B.'s user avatar
  • 736
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 ...
phoog's user avatar
  • 37.9k
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 ...
Nate Eldredge's user avatar
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 ...
Sefe's user avatar
  • 669
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 ...
ohwilleke's user avatar
  • 221k
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 ...
Dale M's user avatar
  • 213k
2 votes

How long is it legal for a landlord to leave tenants without heating?

The 1985 Act says in its section 11(1)(c): There is implied a covenant by the lessor to keep in repair and proper working order the installations in the dwelling-house for space heating and heating ...
Sellis's user avatar
  • 476
2 votes
Accepted

Do “out-of-pocket expenses” typically include someone’s time?

Out of pocket expenses are those that are actually paid in cash or cash equivalents If your landlord pays an external lawyer or real estate agent for their time, that is an out of pocket expense. ...
Dale M's user avatar
  • 213k
1 vote

How can roomate finder offer an 'LGBT household' option for filtering potential roomates without violating USA's fair housing act?

Whether this is lawful, has already been answered. Whether this is ethical (and by extension should be lawful) can be argued. Without knowing the intentions of the advertisers, your best approach ...
Xano's user avatar
  • 151

Only top scored, non community-wiki answers of a minimum length are eligible