Governor Brown’s 2013-2014 budget could prove catastrophic to California’s property management companies, real estate agents, landlords and employers if passed as currently proposed. The budget includes a “per case” search fee for criminal and civil court records which will create an undue burden on California businesses and increase the threat to public safety in the rental housing community.
Since 1968, the Fair Housing Act has both protected the rights of individuals seeking a home and simultaneously given landlords and property managers a code of ethics with which to conduct business. This policy has been modified to cite specific groups of people who should not be discriminated against, as well as provide guidance as to what may constitute taking improper adverse action against an applicant for reasons beyond your requirements to gain housing. Now taking a new step in this guidance, HUD is formalizing rules that follow a national standard for determining whether a housing practice violates the Fair Housing law based on an unjustified discriminatory effect.
CIC, FCRA, FTC, CFPB. These acronyms all stand for the same thing: protecting consumer rights.
January 1, 2013, there are new laws that go into effect in California which property owners and managers must be aware of. The laws discussed here are not meant to be an all inclusive list and should be viewed as a summary – not a detailed explanation.
I recently came across the topic of a questionable Fair Housing violation regarding a rental that already had a tenant. The issue arose from the present tenant marrying an individual who has been recently released from incarceration due to a felony charge. While congratulations to the newlyweds is certainly in order, this does raise some concerns for a property that has a policy established as to what is required on a background check to approve the application. Here’s what you need to know about Fair Housing compliance in delicate situations:
“Property managers who use eviction records in the application screening process are discriminating against their applicants!”