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When is an eviction retaliatory? That is an important question for managers of rental housing because many state and local rental housing laws bar “retaliatory eviction.” In addition, the Fair Housing Act makes certain retaliatory actions against residents illegal if they hinder the residents' exercise of their civil rights.
How can you avoid a charge of retaliation? Know the specific requirements of your state and local laws. Be careful in your po...
One of the toughest jobs of a site owner or manager is writing a good tenant selection plan. The tenant selection plan is a crucial document, says Dan Bancroft, an attorney who has written tenant selection plans for project-based sites. It gives you a way to explain and justify your decisions if you are challenged. It is your first defense against claims of illegal discrimination, and it helps your staff, applicants, residents, and program administrators know what to ex...
In April 2008, the Environmental Protection Agency (EPA) issued important new rules on renovation, repair, and painting of housing that was built before 1978. According to the EPA, the new requirements are part of a comprehensive federal effort to eliminate childhood lead poisoning.
The new rules specifically cover multifamily rental housing, so you need to be familiar with them before you begin any significant nonemergency repairs or rehabilitation projects at yo...
Federal law requires housing providers to disclose to potential renters and buyers the presence of lead-based paint hazards on the premises. Almost all housing built before 1978, whether subsidized by HUD or not, is covered by the disclosure law. The penalties for noncompliance can be substantial, not only from the agencies enforcing the rules, but also from negligence suits from residents who are harmed by the presence of lead.
With tens of thousands of military personnel overseas in 2003 and 2004, Congress rewrote a World War II-era law that provides certain financial protections to members of the military and their families. Today, the conflicts abroad are continuing to require the service of thousands of men and women in uniform. On the home front, it is the responsibility of housing providers to comply with the law and thus relieve some of the burden of service on military families.
In a court case decided in January 2009, a New York owner tried to evict a Section 8 resident, claiming that she had violated her lease by creating a nuisance. In the notice of termination, the owner claimed that the resident engaged in violent behavior during domestic disputes. The violent incident that put the owner over the edge entailed the resident allegedly stabbing her boyfriend. At that time, the boyfriend told the police that the resident had stabbed him, but s...
Many owners and managers of assisted sites use leases that give them the right to conduct periodic inspections of units to discover unsafe and unsanitary conditions and unreported maintenance problems. Early detection of these and similar situations can help prevent problems, such as insect and rodent infestations, offensive odors, major repair jobs, and flooding, says Mark Chrzanowski, a compliance specialist at the Gene B. Glick Company and an expert in HUD rules.
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