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Dear Heather - Searching for Sense in Fair Housing
Submitted by artchickhb on Thu, 12/02/2010 - 19:17
Hey Heather,
I'm looking to rent a room in my condo (subletting or space-sharing some call it), but I'm really nervous about posting on Craigslist, etc. because Fair Housing laws (which seem to apply to individual home owners as well) stated that you can't even post things that could make people feel discriminated against (example: "Perfect for singles and young couples" might make people with kids feel uncomfortable).
I'm not the kind of guy that would discriminate based on race, gender, or creed, but I'm a young bachelor who likes to throw the occasional party, and if I were legally bound to rent to a family of four with an infant living in one of my bedrooms (hey, I can't discriminate, right?), partying would be impossible (or at the very least, awkward).
Also, there are things that I honestly can't help: I have a pet allergy (which would make a seeing eye dog very inconvenient), and I live on the second story, making the home inaccessible to wheel chairs. After reading examples of "Discriminatory wording," the regulations seemed to imply that statements like "Not Wheelchair Accessible" or "No Seeing-Eye Dogs; Pet Allergy" would be illegal, but those are just statements of fact.
I don't want to get sued for discrimination when it's simply due disclosure. My condo is not wheelchair accessible and I'm allergic to shedding dogs (and most seeing eye dogs shed).
How can I put those facts into my add without breaking the law?
Also. It's my house, and I own it. Don't I have the right to preferences when I sublet or space-share my own property? Businesses have the right to "refuse service to anyone." If it's my property, shouldn't I have that right?
Thanks,
Sir Knight of Ni!
Dear Sir Knight Of Ni,
It's okay for you to be paranoid about Fair Housing. Across the board, it's one of the most MISUNDERSTOOD sets of laws on the books. Those who don't know about it get taken advantage of, and those who do know about it tend to wield it like a sword. I'm not a lawyer, so please don't construe anything that I say here as legal advice, just as an explanation of the law as I understand it.
After the recent court case with the "Christian roommate" situation, I expect that many people are taking a lot of caution while looking for roommates. It's important to remember a few things about HUD where this is concerned.
1) They exist for a reason, and, while they can be a fly in the ointment, they are a necessary evil in American society (at least from my point of view).
2) The watch groups that bring these suits are dependant on a grant to stay employed. If they don't bring suits, they don't retain their grants, so they're "Very Careful" and bring a lot of suits that should never be raised.
3) In that recent suit, everyone agreed that it was completely ridiculous and it was thrown out.
The good news is that, in your particular situation, something called the "Mrs. Murphy" exception applies. As long as you have not listed the "room to rent" with a broker or listed it in a newspaper, then you can rent it to whomever you'd like, because, as I understand the fair housing laws, anyone with less than 4 units who lives in one of them does not fall under the Fair Housing Law umbrella.
You also shouldn't worry about that family of 4 moving in, since, as it is your property, you can set the occupancy limits. You can also say "no pets due to allergies." But the short answer here is that, to quote Doug Chasick, one of our industry geniuses in Fair Housing who I consulted on this question, "You're not renting a unit, you're renting a room." It's a world of difference.
I hope this helps!
-Heather Blume
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