Rental property law is all about Fair Housing here in the U.S.A.

The Rental Property Law history is fascinating to me. Today's racial and cultural diversity landscape is the result of discriminatory practices and many battles to change that over time. Rental property law changed and changes every year.

• The Civil Rights Act of 1866 stated that: "All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property."

  This act set the stage for Lincoln's Emancipation Proclamation and ultimately led to the Civil War.
  

• The Federal Fair Housing Act of 1968 prohibits discrimination in housing on the basis of race, color, religion, or national origin.

• In 1975 was added the prohibition against discrimination on basis of sex.

• The real enforcement came later with the 1988 Amendments to the Fair Housing Act, when the Congress passed and added to the protected classes individuals with a handicap (mental or physical disability that impairs any of their life functions) and families with young children (an adult with children under 18, a person who is pregnant, or one who has legal custody of a child or who is in process of obtaining such custody).

The Department of Housing and Urban Development (HUD).

An administrative law judge (ALJ) may impose a civil penalty of up to $10,000 for a first offense, and $25,000 if another violation occurs in seven years. An individual can be fined $25,000 or $50,000 without limitation in time, if he or she engages in multiple discriminatory practices.

The real estate brokers should prominently display the Fair Housing Poster. Failure to display the poster could be conclusive proof of failure to comply with the federal law.

Do we know enough laws to be comfortable?

1. Attorney at Law for Landlord/Tenant Matters;

2. Transactional attorney for closings and contracts;

3. Attorney in Business structures and Taxation Law.

Join an Investor Club or a Landlord Association in your area and get referrals for your needs.

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