The Fair Housing Amendments Act (FHAA) went into effect on March 12, 1989. That Act amended Title VIII of the Civil Rights Act of 1968, which prohibited discrimination based on race, color, religion, sex or national origin in the sale, rental, or financing of residential housing. The FHAA added two additional protected classes; (1) persons with disabilities and (2) families with children. Children include persons under the age of 18 years.
Question - A rent increase notice of $20 was sent out last year and became effective October 1, 2015. A resident has refused to pay this increase, and has tendered rent for the pre-increase amount. Can I give her a 72 Hour Notice (MHCO Form 42) for the past six months for not paying the additional $20?
Question - A resident moves out of their house but the daughter continues to pay a storage fee and signed a MHCO Storage Agreement. The home is not being occupied by anyone. All storage fees are current. However, no one is maintaining the yard or outside of the home. This is required under the Storage Agreement, and work needs to be performed immediately. The MHCO storage agreement refers to a three (3) day notice in the event of non-compliance. Does the community owner give a 3-day notice for non-compliance? If so, what happens next if there is no compliance? Does the landlord file an FED? Should the landlord stop accepting storage payment?
Question: I understand that today I may sell a home our park acquired back in an abandonment without having to hire a mortgage broker. Can you explain the new law?
Question: We have a situation at our park that we have never encountered. We have been dealing with a resident who has certain complaints against management, and finally withheld his rent. We just issued a 72-hour notice to him, and after expiration of the 72 hours (plus three days, since we'd mailed the notice to him), we filed an eviction against him in court. He got an attorney, filed a number of counterclaims against us, and tendered the month's rent into court. What do we do?
Question: We have a member who has three months' of checks from a resident that the manager has not deposited. The checks are for November, December, 2015 and January, 2016. The manager did not return the checks. So, are the checks considered accepted by the landlord even though they have not been cashed?
Question: As a community owner, is it best to start selling the carport/sheds to the new residents moving into the community or keep the carport/shed as the responsibility of the community? If I do sell the carport/shed to the new resident what's the downside? Also, what about the carport/sheds that 2 spaces share where one side is owned by the resident and the other side is owned by the community? Can I sell the carport/shed to current residents and what condition should the carport/shed be in when they are sold to the resident and do I need to reduce their rent and by how much?
Question: Our rental agreement provides that rent is due on the first of the month, and late on the fifth. Rent may either be mailed to, or dropped off at, the manager's office. Occasionally, we have residents mailing their rent checks on or before the fourth (based upon the postmark), but they are not received until the fifth or later. In those where we receive the rent check on the fifth or thereafter, can we assess a late charge?
Related to this, after we issue a 72-hour notice, we have a separate (unrelated) company that takes over, preparing, filing, and serving the eviction complaint. Frequently, before the first appearance, the resident agrees to pay the rent. When that happens, what court costs and fees are we entitled to recover?
Question: What are a landlord's rights against a lienholder who, following a tenant abandonment, signs the storage agreement, but fails to maintain the space? What notice should the landlord give? Do we have to start the abandonment notification all over again?
Question: Can landlords ask just for social security numbers and deny applicants if they do not have one? Or does that start to go down the slippery slope of disparate impact? If the landlord does not require social security numbers, does that open them up liability to the rest of the community?