Fair Housing Exemption???
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Fair Housing Exemption??? (by Lisa. [AZ]) Aug 19, 2023 1:20 PM
       Fair Housing Exemption??? (by David [MI]) Aug 19, 2023 3:24 PM
       Fair Housing Exemption??? (by Lisa. [AZ]) Aug 19, 2023 3:31 PM
       Fair Housing Exemption??? (by Lisa. [AZ]) Aug 19, 2023 3:32 PM
       Fair Housing Exemption??? (by Ed [CA]) Aug 19, 2023 3:46 PM
       Fair Housing Exemption??? (by Lisa [AZ]) Aug 19, 2023 4:04 PM
       Fair Housing Exemption??? (by Lisa. [AZ]) Aug 19, 2023 4:07 PM
       Fair Housing Exemption??? (by Lisa. [AZ]) Aug 19, 2023 4:28 PM
       Fair Housing Exemption??? (by Vee [OH]) Aug 19, 2023 5:22 PM
       Fair Housing Exemption??? (by plenty [MO]) Aug 19, 2023 7:14 PM
       Fair Housing Exemption??? (by Laura [MD]) Aug 20, 2023 10:47 AM
       Fair Housing Exemption??? (by WMH [NC]) Aug 20, 2023 1:16 PM
       Fair Housing Exemption??? (by Busy [WI]) Aug 20, 2023 2:28 PM
       Fair Housing Exemption??? (by Scott [IN]) Aug 20, 2023 8:10 PM
       Fair Housing Exemption??? (by Scott [IN]) Aug 20, 2023 8:11 PM
       Fair Housing Exemption??? (by NE [PA]) Aug 20, 2023 8:18 PM
       Fair Housing Exemption??? (by Lisa. [AZ]) Aug 20, 2023 9:27 PM
       Fair Housing Exemption??? (by NE [PA]) Aug 20, 2023 9:39 PM
       Fair Housing Exemption??? (by Don [PA]) Aug 20, 2023 10:05 PM
       Fair Housing Exemption??? (by zero [IN]) Aug 21, 2023 7:23 AM
       Fair Housing Exemption??? (by plenty [MO]) Aug 21, 2023 8:12 AM
       Fair Housing Exemption??? (by S i d [MO]) Aug 21, 2023 9:11 AM
       Fair Housing Exemption??? (by David [MI]) Aug 21, 2023 10:04 AM
       Fair Housing Exemption??? (by Hoosier [IN]) Aug 21, 2023 11:37 AM
       Fair Housing Exemption??? (by Simplify [NY]) Aug 21, 2023 5:40 PM
       Fair Housing Exemption??? (by Ken [NY]) Aug 21, 2023 7:54 PM
       Fair Housing Exemption??? (by don [PA]) Aug 21, 2023 11:44 PM
       Fair Housing Exemption??? (by Ken [NY]) Aug 22, 2023 4:37 PM
       Fair Housing Exemption??? (by Ray-N-Pa [PA]) Aug 22, 2023 10:51 PM
       Fair Housing Exemption??? (by don [PA]) Aug 23, 2023 1:02 PM


Fair Housing Exemption??? (by Lisa. [AZ]) Posted on: Aug 19, 2023 1:20 PM
Message:

I was researching ESAs and stumbled across this:

********************

Are There Exemptions to the Fair Housing Act?

Yes, the act has exemptions in some instances. The act exempts:

Private clubs that limit occupancy to members

Housing operated by religious organizations

Single-family homes that are sold or rented by the owner without the use of agency services

Owner-occupied buildings with a maximum of four units

********************

How is this true? I guess I would benefit from this in the ESA arena, but if one were to play the slippery slope game, would a private landlord seriously be exempt from racial, religious, or any other form of discrimination if this is true? That can't possibly be right!

I will admit I have been very overwhelmed and not as quick as I used to be, so please call me out if I'm having a brain fart and missing something painfully obvious. I can take it. :) --174.17.xx.xxx




Fair Housing Exemption??? (by David [MI]) Posted on: Aug 19, 2023 3:24 PM
Message:

The real exemption is sincere religious belief, created and expanded by the supreme court.

Just say that you believe man and beast should not live under same roof! No need to accept ESAs --68.56.xxx.xx




Fair Housing Exemption??? (by Lisa. [AZ]) Posted on: Aug 19, 2023 3:31 PM
Message:

David, that would be really hard to pull off when I live in a (not-so-)literal ZOO and I'd be rolling up in my car with a custom plate that basically declares as much. LOL! --174.17.xx.xxx




Fair Housing Exemption??? (by Lisa. [AZ]) Posted on: Aug 19, 2023 3:32 PM
Message:

David, that would be really hard to pull off when I live in a (not-so-)literal ZOO and I'd be rolling up in my car with a custom plate that basically declares as much. LOL! --174.17.xx.xxx




Fair Housing Exemption??? (by Ed [CA]) Posted on: Aug 19, 2023 3:46 PM
Message:

Where did you find that???? --108.201.xx.xx




Fair Housing Exemption??? (by Lisa [AZ]) Posted on: Aug 19, 2023 4:04 PM
Message:

Ed,

Trying to post a link with difficulty.

propertyplususa dot com /2022/04/arizona-fair-housing-act/ --174.17.xx.xxx




Fair Housing Exemption??? (by Lisa. [AZ]) Posted on: Aug 19, 2023 4:07 PM
Message:

I copied and pasted the entire exact text and it did come up on this page!

hud dot gov /program_offices/fair_housing_equal_opp/fair_housing_act_overview#:~:text=The%20Fair%20Housing%20Act%20covers,that%20limit%20occupancy%20to%20members. --174.17.xx.xxx




Fair Housing Exemption??? (by Lisa. [AZ]) Posted on: Aug 19, 2023 4:28 PM
Message:

So this says "in very limited." What are those limits and where can I find them?

********************

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

********************

I have no problem renting to people with animals and would allow all dogs if it did not expose me to liability. But, I find it unfair that insurance companies can decline coverage and then a landlord be FORCED to allow them, and then be sued for the behavior and "possessions" of a tenant.

How can it be legal to force landlords to run into the fire, so to speak? --174.17.xx.xxx




Fair Housing Exemption??? (by Vee [OH]) Posted on: Aug 19, 2023 5:22 PM
Message:

don't throw stones if you live in a glass house, easier to follow the rules about tenants and animals both. --184.59.xxx.xx




Fair Housing Exemption??? (by plenty [MO]) Posted on: Aug 19, 2023 7:14 PM
Message:

I've always thought of starting a club and having members who rent my club houses. Would that work? Each year they could renew their membership... My vacation money! --172.59.xxx.xxx




Fair Housing Exemption??? (by Laura [MD]) Posted on: Aug 20, 2023 10:47 AM
Message:

Vee gave good advice. Yes, there are certain exemptions, but tread lightly. They look for folks playing games! --108.56.xxx.xx




Fair Housing Exemption??? (by WMH [NC]) Posted on: Aug 20, 2023 1:16 PM
Message:

And no matter what you can't put discriminatory wording in your ads. --50.82.xxx.xxx




Fair Housing Exemption??? (by Busy [WI]) Posted on: Aug 20, 2023 2:28 PM
Message:

My question would be, why bother to try and avoid Fair Housing? The groups that are protected make sense, and the applicants I don't want aren't protected classes. Applicants I don't want: violent offenders, house beaters, persons who try to pay rent with excuses instead of money, people who aren't happy with anything ( not talking about depression. Talking about constant complainers.) --72.135.xxx.xx




Fair Housing Exemption??? (by Scott [IN]) Posted on: Aug 20, 2023 8:10 PM
Message:

I don't think OP is trying to discriminate against any protected classes. It appears she is just looking to use FHA exemptions to get around ESAs.

Lisa, you are correct. An exempt landlord does not have to accommodate assistance animals. --107.141.xx.xxx




Fair Housing Exemption??? (by Scott [IN]) Posted on: Aug 20, 2023 8:11 PM
Message:

I don't think OP is trying to discriminate against any protected classes. It appears she is just looking to use FHA exemptions to get around ESAs.

Lisa, you are correct. An exempt landlord does not have to accommodate assistance animals. --107.141.xx.xxx




Fair Housing Exemption??? (by NE [PA]) Posted on: Aug 20, 2023 8:18 PM
Message:

Is this an owner occupied SFR that your moving someone into that will rent a room off you or just any random single family house? --24.152.xxx.xx




Fair Housing Exemption??? (by Lisa. [AZ]) Posted on: Aug 20, 2023 9:27 PM
Message:

Scott is correct. I absolutely do not want to discriminate. I just don't want to be forced to take on potential liability for someone else's choice. (Why do they always choose pitbulls????)

We allow dogs, and I would be fine allowing ANY dog if I were not at risk of being sued, basically for doing what we are being FORCED to do - allow anyone to move in with any dog.

If we are forced to do it, we should not be held liable if something goes wrong.

NE, this is a SFH that we rent out in its entirety to one tenant/family. --172.56.xx.xxx




Fair Housing Exemption??? (by NE [PA]) Posted on: Aug 20, 2023 9:39 PM
Message:

Sorry Lisa, I didnít mean your specific unit. I meant the unit referenced in the exemption. --24.152.xxx.xx




Fair Housing Exemption??? (by Don [PA]) Posted on: Aug 20, 2023 10:05 PM
Message:

The federal law has those exemptions, but there are state and local laws that do not --73.194.xxx.xxx




Fair Housing Exemption??? (by zero [IN]) Posted on: Aug 21, 2023 7:23 AM
Message:

Looks like the exemption for SFH that are rented by the owner has another requirement.

You can only own a max of three houses, including the one you live in. A duplex counts as two houses as well.

--107.147.xx.xxx




Fair Housing Exemption??? (by plenty [MO]) Posted on: Aug 21, 2023 8:12 AM
Message:

One applicate referred to their pit bull as "their protector" so they sense some sort of security in that breed. --172.59.xxx.xxx




Fair Housing Exemption??? (by S i d [MO]) Posted on: Aug 21, 2023 9:11 AM
Message:

Here's the thing about ESAs: they're considered a medical treatment device, similar to a wheelchair.

So if you're going to discriminately, basically what you're saying is you don't think people should be allowed to have their medical needs met. Now, you and I might wonder "Why do they always choose pitbulls?" Well, to be honest I've seen only 2 or 3 applicants with pitbulls my entire landlording career, and none of them were ESAs. I most often find little yappy dogs, or one couple had a great dane. HUGE critter!

The thing about ESAs is they aren't allowed to do damages to the property, act aggressively toward you or your contractors, and the owners must keep up with them. You can quickly and easily screen this all during the 2-minute in home visit. You can fail them then if there are problems. If there are no problems, then congrats, you've found a new renter who is a responsible animal owner!

--70.57.xx.xxx




Fair Housing Exemption??? (by David [MI]) Posted on: Aug 21, 2023 10:04 AM
Message:

"Well, to be honest I've seen only 2 or 3 applicants with pitbulls my entire landlording career" Well yes, if you do pre-screening, a lot of the crazy people with pitbulls will never make it to a showing. But before I added credit score to my pre-screening, I had loads and loads of people tell me they have pitbulls.

"You can fail them then if there are problems. If there are no problems, then congrats, you've found a new renter who is a responsible animal owner!" Your insurance carrier might think differently --68.56.xxx.xx




Fair Housing Exemption??? (by Hoosier [IN]) Posted on: Aug 21, 2023 11:37 AM
Message:

I'm not so sure the exemption is quite so absolute, but I had relatively few units and considered breaking into two LLCs with less than 4 in each so that I didn't have to comply with ADA and so on...which can be expensive for small players like I was. In the end I didn't do this, but I did at least consider it. --99.92.xxx.xxx




Fair Housing Exemption??? (by Simplify [NY]) Posted on: Aug 21, 2023 5:40 PM
Message:

For help managing liability, require renters insurance that lists the animals and offers liability.

Ask a lawyer or landlord for a lease clause where the tenant indemnifies the landlord.

Check with an assistance animal expert and see if you interview the animal, and if it isn't socialized, can you say "no"? --104.255.xx.xxx




Fair Housing Exemption??? (by Ken [NY]) Posted on: Aug 21, 2023 7:54 PM
Message:

Hoosier,that would not work,

Simplify, just because the tenant indemnifies you doesnt mean the neighbor cant sue you when the dog attacks there kid,it basically means nothing and a good attorney will argue that you put that in the lease because you knew the dog was dangerous --74.77.xx.xx




Fair Housing Exemption??? (by don [PA]) Posted on: Aug 21, 2023 11:44 PM
Message:

Ken, why would simplify's plan not work. Yes, of course it does not prevent a third party from suing, but if the tenant promises to indemnify you AND has insurance to back that up, you are protected. --73.141.xxx.xxx




Fair Housing Exemption??? (by Ken [NY]) Posted on: Aug 22, 2023 4:37 PM
Message:

Don,you simply cant have the tenant indemnify you,that would mean the tenant signing the document would mean the neighbor cant sue you. you will get sued and have to deal with it,if the tenant has enough insurance to satisfy the suit then you wont come out of pocket for the suit but i bet you would still be paying a lawyer to defend you and lot of hassle along the way. --74.77.xx.xx




Fair Housing Exemption??? (by Ray-N-Pa [PA]) Posted on: Aug 22, 2023 10:51 PM
Message:

I am wondering, is the Mrs Murphey law only apply in Pa? That is a small loophole if you are owner occupied in a quad-plex or smaller unit. --24.101.xxx.xxx




Fair Housing Exemption??? (by don [PA]) Posted on: Aug 23, 2023 1:02 PM
Message:

Ken--Indemnification means that the indemnifier will legally protect the recipient from any harm caused by the indemnifier's actions. I believe that that could include legal fees as well. It would be more direct if there was some sort of insurance that the tenant could get to protect against damage that their dog could do and the property owner could be added as an additional insured. --73.141.xxx.xxx





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