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Fair Housing: How to Steer Clear of Illegal Steering

Contrary to popular belief, housing segregation remains alive and well not just in specific regions of the U.S. but across America. So concluded HUD upon completing its most recent review of the state of fair housing in the U.S. “Real estate agents and rental housing providers recommend and show fewer available homes and apartments to minority families, thereby increasing their costs and restricting their housing options,” concludes the 2013 report.

 

 

 

Rent Assistance for Residents and Landlords

MHCO Note:  Rent in arrears has become a large problem for community owners as we move out of the COVID-19 crisis.  There has been a lot of media on executive orders banning evictions for nonpayment of rent and grace periods for residents who are falling behind in their rent payments.  There has been less attention paid to the resources that are available for residents and community owners.  Here is some information from Oregon Housing and Community Services and an example of from Lane County on the type of services currently available.  The STARR program has access by county and can be very helpful for tapping local resources.  Please make sure that your residents are aware of these programs – the resident needs to apply but the check typically goes direct to the community owner.  There is nothing in Oregon statute that prevents you from providing this information to your residents - you just cannot be threatening ('if you don't apply I am going to evict you').  You might find these programs provide some ‘breathing room’ as we wait for the Landlord Compensation Fund to get back up and running.

Rent Assistance for Residents and Landlords

MHCO Note:  Rent in arrears has become a large problem for community owners as we move out of the COVID-19 crisis.  There has been a lot of media on executive orders banning evictions for nonpayment of rent and grace periods for residents who are falling behind in their rent payments.  There has been less attention paid to the resources that are available for residents and community owners.  Here is some information from Oregon Housing and Community Services and an example of from Lane County on the type of services currently available.  The STARR program has access by county and can be very helpful for tapping local resources.  Please make sure that your residents are aware of these programs – the resident needs to apply but the check typically goes direct to the community owner.  There is nothing in Oregon statute that prevents you from providing this information to your residents - you just cannot be threatening ('if you don't apply I am going to evict you').  You might find these programs provide some ‘breathing room’ as we wait for the Landlord Compensation Fund to get back up and running.


 

Oregon’s Eviction Moratorium Update - Necessary Forms - Charts - Summary by Phil Querin, MHCO Legal Counsel

 

Undoubtedly, there is a lot here. And it is all subject to change based upon the whims of the Oregon Legislature. So before taking any legal action against a tenant for nonpayment of rent, charges, utilities, or fees (or a no-cause eviction), qualified legal counsel or someone versed in the current status of these ever-changing laws should be consulted.

To access the complete article - click the attachment above - document includes necessary forms as well as summary.

Phil Querin Q&A: When is a Hazard Tree Not a Hazard Tree? Who is Responsible?

A tree that was never known by anyone including the tenant, or the landlord, to be considered a “hazard tree” prior to a windstorm, later falls and does no damage.  This tree was neither planted by the current tenant, nor the community.[1]  

 

Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?

 

Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a “hazard tree” thereby shifting the obligation to “maintain” a hazard tree to the Landlord?

 

Question No. 3. Does maintaining a tree include tree removal?

 

Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?

 

 

Phil Querin Q&A: When is a Hazard Tree Not a Hazard Tree? Who is Responsible?

A tree that was never known by anyone including the tenant, or the landlord, to be considered a “hazard tree” prior to a windstorm, later falls and does no damage.  This tree was neither planted by the current tenant, nor the community.[1]  

 

Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?

 

Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a “hazard tree” thereby shifting the obligation to “maintain” a hazard tree to the Landlord?

 

Question No. 3. Does maintaining a tree include tree removal?

 

Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?

 

 

How to Perform Criminal Records Checks Without Committing Discrimination

The last thing you or your residents would ever want is to have murderers, rapists, drug dealers, arsonists, and other dangerous criminals in your community. And because “criminals” aren’t among the people that fair housing laws protect, it’s okay to refuse to rent to persons who have a record of committing these crimes.

Right?

Wrong! Denying housing to a person on the basis of a criminal record potentially is a form of illegal discrimination. But since the fair housing laws don’t expressly say this, too many owners and property managers fail to recognize the existence of this liability risk, let alone take steps to manage it.

So, this month’s fair housing lesson deals with the thorny and frequently misunderstood issue of criminal record discrimination in the rental process. First, we’ll explain the legal basis for holding owners liable for a form of discrimination that the fair housing laws don’t even mention. We’ll then set out eight rules to help you carry out criminal background screening of rental applicants, regardless of whether the housing property is private, government-assisted, or public, without committing discrimination.  

 

How to Perform Criminal Records Checks Without Committing Discrimination

The last thing you or your residents would ever want is to have murderers, rapists, drug dealers, arsonists, and other dangerous criminals in your community. And because “criminals” aren’t among the people that fair housing laws protect, it’s okay to refuse to rent to persons who have a record of committing these crimes.

Right?

Wrong! Denying housing to a person on the basis of a criminal record potentially is a form of illegal discrimination. But since the fair housing laws don’t expressly say this, too many owners and property managers fail to recognize the existence of this liability risk, let alone take steps to manage it.

So, this month’s fair housing lesson deals with the thorny and frequently misunderstood issue of criminal record discrimination in the rental process. First, we’ll explain the legal basis for holding owners liable for a form of discrimination that the fair housing laws don’t even mention. We’ll then set out eight rules to help you carry out criminal background screening of rental applicants, regardless of whether the housing property is private, government-assisted, or public, without committing discrimination.  

 

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