Understanding language of Fair Housing Act is uneasy and can be even stressful because errors may lead to violations, and violations are extremely costly. Especially terrifying is the language about housing discrimination, and there are a lot of misunderstandings around disparate impact. For example, a Landlord rejects an applicant due to the criminal convictions; therefore, Landlord may unintentionally discriminate certain minority applicants disproportionately.
The U.S. Department of Housing and Urban Development has put landlords and other housing providers on notice that a policy of denying housing to anyone with a prior arrest or any kind of criminal conviction would violate the Fair Housing Act. This video will provide more insights.
So, Mila Realty, property management company in Orlando and Kissimmee, has a sad story to share. “An approved by the Leasing Manager, applicant, who had several traffic tickets and one criminal conviction (really insignificant) was rejected by the HOA. After the Property Manager asked HOA to provide an explanation, HOA sent a list with “Terms for Denial”.
Among them HOA listed:
a) Sex offense/Pornography
d) Domestic violence
e) Child Abuse
f) Criminal mischief
i) Disorderly Conduct
l) Drug Possession/ Trafficking/ Distribution
o) Indecent exposure
p) Rape/ Statutory Rape
The morale here is not to rely on common sense and dig dip. Do a research; call HOA and requests an application criterion in writing. In case if denial, the email will be your evidence that there is no violation on Landlord’s end when HUD investigator decides to challenge you.
From the investment standpoint, such HOA’s policies are detrimental and lead t wasting time and money. So, HOA! We are also the housing providers; so, please work with us, our resident, and The U.S. Department of Housing and Urban Development!