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Housing Lawyer

Preface to understanding housing laws, their impact, and the need for housing lawyers

In every city and state, residential housing units form a huge part of the total real estate developments. To govern and regulate these massive residential districts, state and federal legislatures enact certain specific and general nature housing laws. However, understanding and navigating these laws can be difficult for an ordinary person. To understand this, consider the housing laws as any densely populated and complexly built residential block in your neighborhood. Numerous sections, deerling clauses, precedents, etc., each tangled with one another in a complicated manner.

Any wrong Numerousgligence in understanding the gravity and application, ability of these housing laws could result in even more complex situations. This is because housing laws, in one way or another and directly and indirectly, impact the interest of people related to these housing units. Therefore, understanding these laws is important for you.

However, given the complex nature of these laws, it is not easy for abandon to fully comprehend relevant housing laws and their impact on their interest. Thus, seeking legal advice from housing lawyers can be valuable and investment in the right direction. In this article, we comprehensively understand how housing lawyers at Attorneys R Estate Group can help you understand the applicability of various housing laws in your case and safeguard your interest in difficult situations.

 

What is a housing lawyer?

To better understand the term’ house and,’ it is important to understand the term’ housing.’ The term ‘housing’ defines real estate developments designed, built, and as’ signed primarily for I understand the term’ housing.’ y. Developing housing estates and residential blocks is the primary concern of each government. Besides, housing units, by necessity, cover a large portion of the total real estate developments in any city or state. Common examples of housing units include houses, apartment complexes, and buildings with penthouses, flats, studio apartments, condos, etc.

Now let’s discuss the term’ housing lawyers.’ Housing lawyers or housing attorneys are real estate attorneys having specialized in matters related to real estate laws but, more specifically, housing laws. These legal experts help persons, whether special specialists and tenants involved in or trial real estate transactions, smoothly navigate various procedures and issues without hitting any conflicting circumstances.

Apart from the above directly related parties to residential real estate developments, housing lawyers also serve other important people. Most prominently, these include people and businesses managing residential real estate property. Since real estate managers act as agents or caretakers to real estate owners.

 

What do real estate housing lawyers do?

Housing lawyers are expert and experienced attorneys holding to advise in various situations of housing laws. Generally, housing laws administer and regulate the relationship, rights, and duties of different parties involved in a real estate transaction. These include house owners, investors, landlords, tenants, and others.

Since these parties stand on opposite sides of a real estate transaction, there are chances that things do not turn out to be as good as expected. This means there can be conflicts, disputes, differences in opinions, non-performance of duties, infringement of rights, etc.

All of this malt in one party obtaining or trying to obtain an unfair advantage over the other. Thus, consequently, and as a way for the affected party to regain its original position, legal help might be the only way out. Housing lawyers can, therefore, initiate legal proceedings and represent their clients to help them settle their disputes and concerns. They can be hired at the beginning, during, or at any stage of a real estate transaction whenever the need arises.

 

When do you require hiring housing lawyers near me?

Residential real estate has several valid reasons, so hiring housing lawyers is advisable. Examples of instances that require seeking legal help from housing lawyers include why hiring housing lawyers. (Such conflicts may arise when one party acts in a manner that the other party suffers damages as a result and therefore needs to claim compensation.)

  • Violation of any kind, such as contract breaches and nonfulfillment of duties. This may also include violating state and federal laws and statutory regulations.
  • Failure to disclose material facts and circumstances may have caused the other party to act differently.

In certain situations, housing lawyers might have to deal with class-action lawsuits. For example,

  • when a single party (landlord) sues several parties (tenants) for eviction from a housing complex, or
  • several parties (home buyers) use a single person to commit any violation of building codes, etc.

 

Housing Discrimination – The most housing and major example of hiring housing lawyers

Besides the matters mentioned above, which require hiring housing lawyers, housing discrimination is most important. Housing discrimination is one of the most common and majorly occurring issues in residential real estate.

 

Hiring housing lawyers

 

The basis of this issue is simply violating the legal rules and conditions imposed by the Fair Housing Act. Fair Housing Act regulates equal opportunity housing and prevents any house owner or landlord from denying housing rights solely based on discrimination. This includes denying housing to a person based on their –

  • Race
  • Color
  • National origin
  • Religion
  • Ethnicity
  • Sex
  • Age
  • Marital status
  • Any disability (this includes mental and physical disability)
  • Pregnancy
  • Number of family members (usually in the case of tenants)
  • Plans to start a family (usually in the case of tenants)
  • Political opinion
  • Support for any specific group which the landlord finds conflicting

Many state and federal statutes consider the abovementioned factors as illegal and thus prohibit their use in denying housing to any person or group of persons over; denying factors mentioned above in activities prohibit housing based on the above list is also illegal.

Common examples of such related activities include buying, selling, renting out real estate, and lending. Housing lawyers can help judge whether your case of housing denial is legitimate. Hence if it is valid, they can help file complaints with relevant authorities and pursue further legal action if necessary.

 

Situations where denying housing becomes legitimate

In addition to the above-listed factors that constitute unfair objections to denying housing to some person or group of persons, there are also a few exceptions. Landlords can legally use these exceptions as legitimate business reasons to deny housing to any person. A few exceptionsiLandlords can legally use these exceptions income or earn potential reflect whether he would be able to pay his rental obligations promptly or not)

  • Credit history (credit history says a lot about your borrowing and repayment pattern in the past. In any property transaction involving a mortgage, borrowing a loan, or third-party financing, a seller or landlord will make sure and want to feel involving your previous loan settlements before accepting your offer.)
  • References of with past landlords and behavior (if a tenant’s relationship and behavior with any past landlord has been questionable, for example, the tenant caused any damages to the assets and property belonging to the landlord, this fact could become a reason for legitimate housing denial in the current transaction.)

 

Examples of scenarios for refusing to house illegally based on factors of housing discrimination

The illustrations below illustrate how landlords, owners, agents, or real estate property managers may deny housing base illustrations below, construing an act of housing discrimination.

  • A bank, lending organization, or even personnel representing them, either directly, using to provide information or giving a vague explanation and response to a prospective applicant’s query regarding details required about loan procedures. *
  • Apropgiveswner or landlord treats a certain person or group of persons in a manner that he otherwise does not adopt while dealing with people from other backgrounds. This may include requiring more details on certain issues or creating complications in filling out applications and other paperwork.
  • Any real estate agent or broker, property manager, or asset managing company dealing on behalf of a landlord, contractor, or house owner makes a statement solely based on discrimination. For example, an advertisement that shows only a cor or certain class makes a statement apply. Such advertisements constitute discriminatory behavior. In such a case, the agent, broker, or manager and the owner, landlord, or contractor will be held liable.
  • A difference in response when asked about the availability of a housing unit via phone or email and when visited physically. For example, an agent, broker, or property manager confirms the availability of a housing unit on the phone to a person. But when that person visits physically, they are abruptly refused for discriminatory reasons.
  • They are refusing to accept the availability of a housing unit as published or announced otherwise. For example, terming such prior communication as refusing error or mistake.
  • Suggesting or even forcing a prospective client to opt for housing in another housing block or neighborhood instead of the one they are currently interested in.

 

Fair Housing Act – What it is, its applicability, what it considers illegal, and exceptions table under it

 

What is the Fair Housing Act?

The Fair Housing Act defines discriminatory factors and prohibits their use to refuse housing to any person. It is part of the Civil Rights Act of 1968. The scope of the Fair Housing Act is quite extended and covers many housing-related areas. For example, buy-sell, rent, financing transactions, and opportunities to promote real estate activities. While the prime focus of the Fair Housing Act is to prevent the refusal of housing based on discriminatory factors, it goes beyond the conventional buying, selling, and renting activities of housing real estate. For instance, its scope also includes –

  • prohibiting the use of false information, or
  • concealment of information to portray a different picture.
 

 

On what matters and situations does the Fair Housing Act apply?

The Fair Housing Act exercises its control over the following circumstances –

  • Real estate advertisement displays
  • Real estate brokers and appraisers
  • Buying, selling, or renting real estate by way of financing or through financial assistance
  • Any acts that involve coercion, intimidation, or any threat on a person regarding their choice of real estate purchase or rental agreement signing
  • Real estate transactions of buying, selling, or rent
  • Participating in activities conducted by real estate organizations
  • Causing interference with how a person adapts to enjoy and use their housing rights

 

What activities does the Fair Housing Act consider illegal?

The following activities are expressly considered illegal by the Fair Housing Act –

  • They are doing such acts and taking measures that may interfere with people’s choice to exercise their rights under the Fair Housing Act.
  • It is involved in activities likely to reflect discriminatory behavior for refusing or creating hurdles in obtaining a mortgage by any person.
  • It shows hostility or retaliation against a person who has filed a complaint under the Fair Housing Act. This also includes a person who provides any assistance to complainants of the Fair Housing Act.

 

Important exceptions to the Fair Housing Act

There are four important exceptions to the Fair Housing Act. These are –

  1. Single-family homes that comply with the following criteria. (a) The owner conducts renting or selling transactions about the property in question. (b) The owner currently does not own more than three homes. (c) Any advertisement for sale or renting out of the home or homes did not reflect any discriminatory remarks. (d) The owner of the said property does not involve any real estate agent or broker. ***
  2. Any residential building consisting of not more than four units where the owner himself resides in one of the units. ***
  3. Any rooms or units in a building owned by a religious organization. However, the religious organization doesn’t need to be a direct owner of such property. Indirect ownership is also valid for this purpose. Further, such religious organizations tend to prefer members of their religion only, which is allowed. However, such membership should not be limited to people of color, race, or national origin. ***
  4. Any rooms or units owned by a private organization operating for non-commercial use only. However, such private organizations are allowed to prefer their members only. Again, no trace of discriminatory behavior based on race, color, or national origin should exist.

 

Finding the best housing lawyers near me

What should you do if you have been refused housing for discriminatory reasons?

You should immediately consult a housing lawyer if you have been refused a housing opportunity based on discrimination. Although housing lawyers aren’t a legal requirement, in this case, it is still better to consult one before taking any action based on your assumption of being subjected to discriminatory behavior. Housing lawyers at Attorneys Real Estate Group can help you understand whether you have valid reasons to believe you are discriminated against. Remember that dealing on your own and raising false or misinterpreted charges and claims of discriminatory behavior against any person or organization can put you in a bad situation.

Additionally, it could also result in severe consequences for you. Therefore, consulting housing lawyers near me at Attorneys Real Estate Group should be your first step. Then based on the validity of your claims and prevailing circumstances, our housing lawyers can help you begin with filing a complaint with the Office of Fair Housing and Equal Opportunity (FHEO). This complaint could be filed within one year from the last date of alleged discrimination.

FHEO is part of the Department of Housing and Urban Development (HUD), which reviews all such complaints. Before the FHEO proceeds with any investigation, the HUD may allow the accused to present and justify his situation. The Department of Justice might dismiss or take legal action against the violator based on the case’s developments.

Alec Stroup

ALEC STROUP Associate Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Alec...

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Bio...