How to Avoid Illegal Steering - Don’t Let a Leasing Agent’s Seemingly Innocent Comment Get You Sued For Illegal Steering

 

Picture this: A gay couple visits your leasing office asking about available one-bedroom apartments. There are two such apartments available but your leasing agent shows the couple only one. She doesn’t mention the other apartment because she wants to keep the couple away from the resident in the neighboring apartment because she’s heard him using gay slurs. Since she’s only trying to protect the couple, her actions don’t violate fair housing law. Right?

Wrong. 

Even if well meaning, the leasing agent could be accused of discrimination because she directed or “steered” the couple away from a particular apartment because of their sexual orientation.

Use 4-Step Process for Evaluating Accommodation Requests

 

The decision often hinges on what is and isn’t “reasonable.”

Fair housing laws require landlords to make “reasonable accommodations” for rental prospects and residents who have disabilities. Disagreements over whether requested accommodations are reasonable are a perennial cause of discrimination complaints. And in many cases, it falls to HUD enforcers and judges to resolve the dispute. 

 

Once that happens, it becomes impossible to predict the outcome, since each case turns on the specific facts and circumstances and the credibility of the parties and witnesses involved. Even if you end up winning, getting embroiled in these cases can cost you a fortune in legal fees, distractions, and time. 

Phil Querin Q&A: Recovery of Cost and Fees When Tenant Tenders Rent After FED Filed

Question:  I have an issue regarding late payment of rent where I own both the home and the space.  The rent is constantly late. After I file for eviction the tenant either pays before the court hearing or at the hearing.  I am then stuck with the filing fees and service fees.  What are my options?

 

Answer:   Let’s start from when you filed you eviction in court. The First Appearance is the time noted in the Summons for both parties to appear in person (or via Zoom). If you and tenant both appear, the judge will likely encourage the parties to reach an agreement and report it back to the courtroom.

Phil Querin Article: Follow-Up Questions and Answers Oregon New Rent Control Law

Four additional questions and answers regarding Oregon's new rent control law.

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

2. Question: We have storage agreements that we are planning to raise the storage fees.  Are we limited to 6% increase on storage fees?

3. Question: If I send an increase notice next month that is effective January 1, 2026, can we increase the rent 10% since the notice was sent prior to September 1, 2025?  As long as the notice is sent out by September 1, 2025 is there a limit to how far out that the rent increase is effective?

4.   Question: .  It appears that the new laws apply to RV parks, as the RV Space Rental Agreement includes the rent control parameters.  Correct?

 

 

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

DO Keep Good Records to Counter Discrimination, Retaliation Claims  - DON’T Neglect Your Paperwork 

 

Good recordkeeping is essential to your success in fending off fair housing claims when dealing with residents who break the rules. If challenged, you’ll need proof that you had legitimate, nondiscriminatory reasons for taking action against the resident—that he in fact broke the rules—and that you’ve consistently applied the rules against other residents for the same or similar misconduct.

Be prepared to produce your written policy detailing your community’s standard of conduct and documentation that the resident knew about it. To prove the resident violated the rules, you should have records about his payment history or complaints against him, including evidence about the frequency and severity of the problem behavior.

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