The Fair Housing Act of 1968, as amended, prohibits discrimination on the basis of race, color, religion, nationality, familial status, age, and gender. Many state and local laws also forbid discrimination on the basis of sexuality or source of income, and the Americans with Disabilities Act makes it illegal to discriminate against the disabled. If you harbor any such prejudices and would allow them to come into play when renting a housing unit, then you're probably not cut out to be a landlord. However, many sincere real estate investors make honest mistakes that result in a lawsuits. The best way to avoid them is to be informed

Watch the Wording of Your Ads

The Fair Housing Act (FHA) may appear to be common sense, and most people would never think of discriminating against people of different races or religions, or on the basis of gender. However, it is important to note that the FHA extends beyond the screening process, and into advertising as well. This is where many landlords and property managers make fatal mistakes. After all, there are people who scour the classifieds looking for inappropriately worded ads so that they can pounce on them and threaten a lawsuit. While someone must have standing to bring suit, these scoundrels often work in coalitions to ensure that all of their bases are covered.

For example, if you own a rental property in a predominantly Jewish community, its proximity to the local synagogue could be a major feature. But if your ad says "within walking distance from the synagogue," you could be sending the message "gentiles need not apply" - even though this wasn't your intent. And keep in mind that you may not discriminate on the basis of whether a couple is married, whether or not children are to live in the unit, or on the basis of age. Novice landlords may not be aware of these areas of concern, and while it's a good thing that citizens are more aware of their rights today, it can be a very bad thing for well-meaning landlords who are out of step with the times.

Be Aware of Your Local Laws - And Use Good Business Sense

State law and local ordinances can extend similar protections granted under the FHA to other groups. For example, California, Minnesota, and North Dakota prohibit discrimination based on source of income - in other words, a landlord cannot discriminate against would-be tenants who rely on public assistance. Putting the political perspective of the landlord aside, such discrimination makes very little business sense, since people on welfare or social security are virtually assured of a fixed income.

Some cities make it a crime for a landlord to discriminate against lesbians and gay men. If you are uncomfortable renting to same-sex couples and you live in a community progressive enough to pass ordinances protecting their rights, then you are either in the wrong line of work or the wrong town. There can be little rational argument in favor of discriminating against same-sex couples in an accepting locale.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against the disabled, and also requires landlords to make "reasonable accommodations" to disabled tenants. Who decides what's reasonable? Typically, judges, if it comes to that. But while most landlords are aware of the ADA and would never stoop so low as to discriminate against a person in a wheelchair, many are unaware that the ADA also protects mentally disabled tenants. A mental disability could also include recovering alcoholics and drug addicts. The downside of this is that these types of people are prone to relapse and if they do, can cause serious problems for you and other tenants. Everyone deserves a second chance, and many recovering addicts go on to be productive members of society. The ones who are unable to recover typically have other problems, and thus it is vitally important that you document additional reasons for rejecting their rental applications if you decide to do so.

The Name of the Game is "Wealth Protection"

If you own rental properties in your own name, you are asking for a world of pain - it's the equivalent of wearing a giant "kick me" sign on your back. Instead, own your properties in corporate, limited partnership, LLC, or trust form. That way, even if you are the victim of a discrimination suit, or any other type of judgment, your personal assets may be protected against the liens of creditors.

For more information on setting up a proper business entity, check out http://www.legalwiz.com/assetprotection

Comments

[Whatsyourdeal.org]

Slum lord John McCloskey AKA Jack McCloskey forces cancer patient out of his home by not making repairs to the house. here is a copy of part of his story....

Asbestosis and mold in the house... 3 year lease with only one year done.

Asbestosis is a serious, progressive, long-term disease of the lungs. Asbestosis is not a cancer. Inhaling asbestos fibers that irritate and inflame lung tissues, causing the lung tissues to scar, causes asbestosis. The scarring makes it hard to breathe and difficult for oxygen and carbon dioxide pass through the lungs. Asbestosis generally progresses slowly. The latency period for the onset of asbestosis is typically 10-20 years after the initial exposure. The disease can vary from asymptomatic (no symptoms) to disabling and potentially fatal.

Land Lords Info Is:
Time Realty & Mortgage Co
License ID:00307461
John Francis Jr McCloskey,A.K.A Jack McCloskey
(650)992-913
timerealty@comcast.net
16 LOUVAINE PLACE
COLMA, CA 94015-2024
Below is a short copy of the details of the case. There are many more issues such as racist comments directed about my wife and friends (Asians, African & Moroccan) There are 5 open cases with the San Francisco the DBI you can go to www.sfgov.org. Look under building inspection for the address: 314 Polaris Way San Francisco 94112.
The Owners:
Walter & Vivian Jebe
650-965-2982
413 Hillwood Ct
Mountain View, CA 94040
Trust me we have tried to contact the owner many times and they did not seem to care, that their life long home where their children had grown up in the Excelsior District of San Francisco was being torn apart by this slum lord property manager. The agent Mr. McCloskey did not inform us that there was Asbestos on the property knowing that I had cancer and that my wife and I were hoping to have kids. Both my cat and I have developed breathing problems and this Slum lord has refused to make repairs. He has tried to evict us many times after we reported infractions to the city. We did move from another property in which he only paid part of our old deposit back to us, and said if we did not like it to move. We have attempted to resolve the many issues that we have had with him but he has just refused to give us back our deposit and tries to evict us. Here is a brief list of some of the infractions:

John Francis McCloskey, Jack McCloskey (Our Landlord) has seriously and wantonly disregarded our tenancy rights, and created intolerable living conditions. He has refused to make repairs to the home in which I rent. Although the following is not a total recitation of our tenancy and interactions with Landlord, it should suffice to illustrate the problems that Landlord has created during our tenancy: In every agreement for the rental of residential premises, California law implies a warranty of habitability. This warranty means that the premises are habitable and that the landlord will undertake the repairs and maintenance required to keep the premises in a habitable condition during the term of the tenancy. Some of the problem that exist are: Asbestos, faulty electric wiring throughout the house, faulty plumbing ,front door knob lock is missing its strike plate at frame the front door knob lock latch does not swing freely, failing to latch and lock properly, and thus presenting a security risk. There is excessive soot and / or scorching above the fireplace indicative of failure to properly draft smoke. The dining room ceiling light fixture exhibits illegal installation / wiring, having several splices outside of junction boxes, thus constituting shock and fire hazards. There are no smoke detectors in the house thus constituting a severe fire hazard. The front bedroom window is not properly weather stripped to prevent rain penetration and the wall by the window is water damaged. The water stains and peeling paint indicate this condition is long standing and pervasive, and if there is not already mold contamination in the wall, it is only a matter of time before there is. The basement has non-code compliant plumbing, including a sink drain line exhibiting an "S-trap" sewer line (lack of proper vent line), thus failing to properly drain and vent out raw sewage and raw sewage gases, which are noxious, toxic, and flammable.''

[Time Realty Jack McCloskey Slumlord]

Slum lord John McCloskey AKA Jack McCloskey forces cancer patient out of his home by not making repairs to the house. here is a copy of part of his story....

Asbestosis and mold in the house... 3 year lease with only one year done.

Asbestosis is a serious, progressive, long-term disease of the lungs. Asbestosis is not a cancer. Inhaling asbestos fibers that irritate and inflame lung tissues, causing the lung tissues to scar, causes asbestosis. The scarring makes it hard to breathe and difficult for oxygen and carbon dioxide pass through the lungs. Asbestosis generally progresses slowly. The latency period for the onset of asbestosis is typically 10-20 years after the initial exposure. The disease can vary from asymptomatic (no symptoms) to disabling and potentially fatal.

Land Lords Info Is:
Time Realty & Mortgage Co
License ID:00307461
John Francis Jr McCloskey,A.K.A Jack McCloskey
(650)992-913
timerealty@comcast.net
16 LOUVAINE PLACE
COLMA, CA 94015-2024
Below is a short copy of the details of the case. There are many more issues such as racist comments directed about my wife and friends (Asians, African & Moroccan) There are 5 open cases with the San Francisco the DBI you can go to www.sfgov.org. Look under building inspection for the address: 314 Polaris Way San Francisco 94112.
The Owners:
Walter & Vivian Jebe
650-965-2982
413 Hillwood Ct
Mountain View, CA 94040
Trust me we have tried to contact the owner many times and they did not seem to care, that their life long home where their children had grown up in the Excelsior District of San Francisco was being torn apart by this slum lord property manager. The agent Mr. McCloskey did not inform us that there was Asbestos on the property knowing that I had cancer and that my wife and I were hoping to have kids. Both my cat and I have developed breathing problems and this Slum lord has refused to make repairs. He has tried to evict us many times after we reported infractions to the city. We did move from another property in which he only paid part of our old deposit back to us, and said if we did not like it to move. We have attempted to resolve the many issues that we have had with him but he has just refused to give us back our deposit and tries to evict us. Here is a brief list of some of the infractions:

John Francis McCloskey, Jack McCloskey (Our Landlord) has seriously and wantonly disregarded our tenancy rights, and created intolerable living conditions. He has refused to make repairs to the home in which I rent. Although the following is not a total recitation of our tenancy and interactions with Landlord, it should suffice to illustrate the problems that Landlord has created during our tenancy: In every agreement for the rental of residential premises, California law implies a warranty of habitability. This warranty means that the premises are habitable and that the landlord will undertake the repairs and maintenance required to keep the premises in a habitable condition during the term of the tenancy. Some of the problem that exist are: Asbestos, faulty electric wiring throughout the house, faulty plumbing ,front door knob lock is missing its strike plate at frame the front door knob lock latch does not swing freely, failing to latch and lock properly, and thus presenting a security risk. There is excessive soot and / or scorching above the fireplace indicative of failure to properly draft smoke. The dining room ceiling light fixture exhibits illegal installation / wiring, having several splices outside of junction boxes, thus constituting shock and fire hazards. There are no smoke detectors in the house thus constituting a severe fire hazard. The front bedroom window is not properly weather stripped to prevent rain penetration and the wall by the window is water damaged. The water stains and peeling paint indicate this condition is long standing and pervasive, and if there is not already mold contamination in the wall, it is only a matter of time before there is. The basement has non-code compliant plumbing, including a sink drain line exhibiting an "S-trap" sewer line (lack of proper vent line), thus failing to properly drain and vent out raw sewage and raw sewage gases, which are noxious, toxic, and flammable.''

[TIme Realty John McClsokey SLUMLORD]

Here is a little info on John F. McCloskey aka Jack F. McCloskey owner of Time realty in Colma CA. Time Realty & Mortgage Co License ID:00307461 John Francis McCloskey JR. #650-965-2982 timerealty@comcast.net 16 LOUVAINE PLACE COLMA, CA 94015-2024 Apparently Mr. McCloskey’s talk about slumlords does not fall far from what he is. Mr. McCloskey and his family owned business, as had many dissatisfied clients and tenants all over the bay area. Mr. McCloskey has attempted to bite off a little more then he can chew in San Francisco with both the city and long time clients filing more then just grievances against him and Property owner Vivian Jebe 650-965-2982 413 Hillwood Ct Mountain View, CA 94040. The records for one of his slum properties can be viewed on the San Francisco government web site www.sfgov.org/ by looking under online services and looking for the address 314 Polaris Way San Francisco 94112. One of Mr. McCloskey’s latest victims is in the process of filing against him and property owner Vivian Jebe in San Francisco for more then $200,000 in damages. Apparently several of Mr. McCloskey’s former tenants from both San Francisco and San Mateo counties have received word of this and are in the process of combining information with the help of both San Francisco and San Mateo county public records along with his latest victims collected data. This is a good example of what happens to property owners who allow others to manage their properties and are cheap about fixing them up.

[TIme Realty John McClsokey SLUMLORD]

http://www.landlordreview.com/content/majorMetroPage.asp?ID=3

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