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Fair Housing: Occupancy By Who's Standard (Part 2 of 2)

By Jo Becker, Education/Outreach Specialist, Fair Housing Council Serving Oregon and SW WashingtonIn our last article, we looked at the work of Tim Iglesias and the legal implications of, as well as the disparate impact of overly restrictive occupancy standards, including two-people-per-bedroom policies. In this article, the last in the two-part series, the work of Ellen Pader, an anthropologist and Associate Director of the Housing Research Center at the University of Massachusetts Amherst we look at the historical and cultural perspectives behind our country's occupancy policies. I recently read Ms. Pader's Housing Occupancy Standards: Inscribing Ethnicity and Family Relations on the Land, published in the Journal of Architectural and Planning Research in the winter of 2002. Despite being more than a few years old, it is packed with - what for me - was stunning revelations about the deep and particularly contrived history of occupancy standards in the US. As you read along with me, I ask that you do so with an open mind. Step outside the lens of your role as a housing provider to gain greater perspective. Warning: Ms. Pader's vocabulary is rich but dense; I hope the excerpts I have selected here are not too arduous. That said, I strongly suggest you download the entire document (available at www.FHCO.org/occupancy.htm) and read it over a cup of something yummy some long, rainy evening. I'll start you off with the verbose preface to Pader's paper:THE PREMISEAttempts to define family and the appropriate sociospatial arrangements for an idealized "normal" U.S. household formation have had profound influences on the design and size of houses

Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

Question: I have a tenant that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th. My question is this: Is domestic violence a recognized defense to non-payment of rent?

Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

Question: I have a tenant that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th. My question is this: Is domestic violence a recognized defense to non-payment of rent?

Refresher on Age Restricted Community - "55 and Older Communities"

By: Robert S. Coldren, ESQ and James S. Morse, Esq.If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an older person". If you own property designated as housing for "seniors" you should periodically refresh yourself on the state of the law protecting "older persons" and to avoid the mistakes of other property owners.HistoryThe Civil Rights Act of 1968 enacted The Fair Housing Act ("FHA") to prohibit housing discrimination based on race

A Refresher on the Housing for Older Persons Act (55 and Older Communities)

By: Robert S. Coldren, ESQ and James S. Morse, Esq.If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an older person". If you own property designated as housing for "seniors" you should periodically refresh yourself on the state of the law protecting "older persons" and to avoid the mistakes of other property owners.HistoryThe Civil Rights Act of 1968 enacted The Fair Housing Act ("FHA") to prohibit housing discrimination based on race

Phil Querin Q&A: Temporary Occupant Stealing Electrical Power

Question: The owner of a manufactured home community discovers that a temporary occupant in his community is stealing electrical power. PGE and the Portland Police have been out to the community and investigated the theft. He is also growing marijuana in the home but has a medical marijuana card. What notices does the landlord serve this household keeping in mind that he is the temporary occupant? Who does the notice go to, the occupant or the resident or both? The resident, who is the occupant's mother, shows no inclination to deal with this problem.

Phil Querin Q&A: Temporary Occupant Stealing Electrical Power

Question: The owner of a manufactured home community discovers that a temporary occupant in his community is stealing electrical power. PGE and the Portland Police have been out to the community and investigated the theft. He is also growing marijuana in the home but has a medical marijuana card. What notices does the landlord serve this household keeping in mind that he is the temporary occupant? Who does the notice go to, the occupant or the resident or both? The resident, who is the occupant's mother, shows no inclination to deal with this problem.

Re-Survey In 55 & Older Communities - Make Sure You Are Current

We all know that 80% or more of a community homesites must be occupied by at least one 55+ person, and that documented proof of age must be consistently required to qualify for 55+ status under HOPA. Let's not forget that the requirements also mandate the re-survey.What do the Regulations say? ...The procedures described in paragraph (b) [routinely determining the occupancy of each unit
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