| The Fair Housing Act of 1968, as amended,
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| | Minnesota, and North Dakota prohibit
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| prohibits discrimination on the basis of
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| | discrimination based on source of income.
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| race, color, religion, nationality,
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| | In other words, a landlord cannot
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| familial status, age, and gender.
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| | discriminate against would-be tenants who
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| Many state and local laws also forbid
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| | rely on public assistance.
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| discrimination on the basis of sexuality
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| | Putting the political perspective of the
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| or source of income, and the Americans
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| | landlord aside, such discrimination makes
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| with Disabilities Act makes it illegal to
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| | very little business sense, since people
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| discriminate against the disabled.
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| | on welfare or social security are
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| If you harbor any such prejudices and
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| | virtually assured of a fixed income.
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| would allow them to come into play when
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| | Some cities make it a crime for a
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| renting a housing unit, then you're
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| | landlord to discriminate against lesbians
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| probably not cut out to be a landlord.
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| | and gay men. If you are uncomfortable
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| However, many sincere real estate
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| | renting to same-sex couples and you live
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| investors make honest mistakes that
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| | in a community progressive enough to pass
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| result in discrimination lawsuits. The
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| | ordinances protecting their rights, then
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| best way to avoid them is to be informed.
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| | you are either in the wrong line of work
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| The Fair Housing Act (FHA) may appear to
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| | or the wrong town. There can be little
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| be common sense, and most people would
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| | rational argument in favor of
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| never think of discriminating against
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| | discriminating against same-sex couples
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| people of different races or religions,
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| | in an accepting locale.
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| or on the basis of gender.
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| | The Americans with Disabilities Act (ADA)
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| However, it is important to note that the
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| | prohibits discrimination against the
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| FHA extends beyond the screening process,
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| | disabled, and also requires landlords to
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| and into advertising as well. This is
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| | make reasonable accommodations to
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| where many landlords and property
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| | disabled tenants. Who decides what's
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| managers make fatal mistakes.
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| | reasonable? Typically, judges, if it
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| After all, there are people who scour the
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| | comes to that.
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| classifieds looking for inappropriately
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| | But while most landlords are aware of the
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| worded ads so that they can pounce on
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| | ADA and would never stoop so low as to
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| them and threaten a lawsuit. While
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| | discriminate against a person in a
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| someone must have standing to bring suit,
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| | wheelchair, many are unaware that the ADA
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| these scoundrels often work in coalitions
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| | also protects mentally disabled tenants.
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| to ensure that all of their bases are
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| | A mental disability could also include
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| covered.
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| | recovering alcoholics and drug addicts.
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| For example, if you own a rental property
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| | The downside of this is that these types
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| in a predominantly Jewish community, its
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| | of people are prone to relapse and if
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| proximity to the local synagogue could be
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| | they do, can cause serious problems for
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| a major feature.
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| | you and other tenants. Everyone deserves
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| But if your ad says "within walking
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| | a second chance, and many recovering
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| distance from the synagogue, you could be
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| | addicts go on to be productive members of
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| sending the message gentiles need not
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| | society.
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| apply, even though this wasn't your
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| | The ones who are unable to recover
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| intent.
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| | typically have other problems, and thus
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| And keep in mind that you may not
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| | it is vitally important that you document
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| discriminate on the basis of whether a
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| | additional reasons for rejecting their
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| couple is married, whether or not
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| | rental applications if you decide to do
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| children are to live in the unit, or on
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| | so.
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| the basis of age.
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| | If you own rental properties in your own
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| Novice landlords may not be aware of
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| | name, you are asking for a world of pain
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| these areas of concern, and while it's a
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| | - it's the equivalent of wearing a giant
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| good thing that citizens are more aware
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| | kick me sign on your back. Instead, own
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| of their rights today, it can be a very
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| | your properties in corporate, limited
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| bad thing for well-meaning landlords who
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| | partnership, LLC, or trust form.
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| are out of step with the times.
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| | That way, even if you are the victim of a
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| State law and local ordinances can extend
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| | discrimination suit, or any other type of
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| similar protections granted under the FHA
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| | judgment, your personal assets may be
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| to other groups. For example, California,
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| | protected against the liens of creditors.
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