Wednesday, March 28, 2012

Avoid discrimination traps when advertising rental property

Landlords are very careful to follow the letter of the law when it comes to tenant screening and deciding who to accept as a tenant. Nobody wants to be accused of being in violation of Fair Housing laws for rejecting a particular tenant applicant.

But adhering to the Fair Housing Act begins even before the selection process. It begins with the way you advertise the rental property and market it to potential tenants. The Fair Housing Act states that it’s unlawful to publish any advertisement for the sale or rental of a home that indicates any preference, limitation, or discrimination against people who are covered by what are seen as the seven protected classes:  race, color, national origin, religion, gender, disability, and familial status (whether or not you have a child under 18 living with you). 

The biggest trap landlords fall into with regards to advertising rental property is that they go one step beyond describing the unit and also describe the type of tenant they think would be best suitable for the property. Most landlords do this to be helpful, regarding it as a smart marketing tactic to market the property to the type of person you think would be the best fit. But describing a one-bedroom apartment as being “ideal for a single person” places your ad on the non-compliance list for making yourself appear to be discriminating against families.

The best way to avoid any discrimination claims against you is to stick with a straight description of the rental property, highlighting its best features.

http://www.verifyprotect.com/

Wednesday, March 14, 2012

Presence of lead-based paint must ALWAYS be exposed

Another property management company has come under fire for allegedly not disclosing to tenants the presence of and/or their potential exposure to lead-based paint. CRM Rental Management in upstate New York is facing $140,000 in potential fines from the Environmental Protection Agency for 43 separate instances that took place across four buildings that the company manages.

EPA regulations require real estate management companies and property owners who sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. Tenants or buyers must then verify that they received the required warnings.

It’s a standard notice that is given to tenants and included with the rental agreement paperwork. It must be signed or initialed by the tenant, typically done at the same time they are signing the lease. Following the letter of this law can save landlords and property managers huge fines and legal troubles. But more importantly, it can save the health and lives of tenants, particularly children, who are most susceptible to lead poisoning. There’s simply no plausible explanation or reasonable excuse for not following the law here.