Fair Housing Tips
By: Kendelle Knapp, Esq.
The Fair Housing Act protects homebuyers from discrimination as they attempt to obtain a mortgage, rent a home, buy a home, seek housing assistance, or engage in any other housing-related activity. This Act prevents discrimination based on race, color, sex, national order, religion, disability, or familial status.
Beyond this being the law, the National Association of Realtors (NAR) has incorporated this policy into its Code of Ethics under Article 10. Moreover, NAR goes a step further by imposing sanctions on members who violate any fair housing laws, including local and state laws that prohibit discrimination based on sexual orientation or gender identity.
Many Realtors who violate the Act or the NAR Code of Ethics do so unintentionally. So, what are some tips and tricks to help avoid this?
Tips:
1. Stay up to date on the laws and regulations. As we all know, the law is constantly changing and evolving, and staying informed of the updates is the best place to start.
2. Participate in workshops or training sessions that address the implicit bias that you may not realize exists. NAR has a “Bias Override: Overcoming Barriers to Fair Housing” course that can be utilized.
3. Keep all marketing inclusive. Most importantly, avoid language or images that may exclude people from different backgrounds or groups.
4. Avoid “steering.” According to NAR, steering is the “practice of influencing a buyer’s choice of communities based on one of the protected classes under the Act. Steering can occur when a real estate agent does not inform their buyer about available properties with the purpose of directing buyers away from or towards certain neighborhoods due to their protected characteristics.” Keep in mind that not everyone, likely no one, has the same definition of “a nice neighborhood” or “a safe neighborhood.”
5. Use the Equal Opportunity slogan on your advertisements to show your commitment to fair housing. This will reassure your clients and colleagues of your dedication to upholding the principles of the Fair Housing Act.
6. When communicating with your clients about a potential home, provide objective information about the property and neighborhood. Again, avoid “a nice or safe neighborhood.”
7. Remind your clients of their obligations under the Fair Housing Act. Don’t represent clients who continue to violate the law or attempt to get you to violate the law. If this is happening, keep your broker informed.
8. If you aren’t sure whether your actions or your client’s actions are violating the law, consult an attorney or the U.S. Department of Housing and Urban Development.
9. Most importantly, know yourself. Implicit bias exists all around us. In order to change or evolve, we must learn to pay attention to our internal biases, even though they are usually unconscious.
Reporting housing discrimination can be done on the U.S. Department of Housing and Urban Development website at the following link: Report Housing Discrimination | HUD.gov / U.S. Department of Housing and Urban Development (HUD), over the phone, or by mail.
Learn about Florida's new legislation regarding removing unlawful tenants from residential properties.
Reporting Requirements, Penalties, and Filing Instructions.
Landlords, under Florida law, have many rights and duties. To begin, landlords have two main rights. The first right you have as a landlord is to receive rent from the tenants for their use and possession of the property. Additionally, you have the right to have your property returned to you with only reasonable wear and tear at the end of the lease agreement. Landlords have many duties under Florida law, many of which apply even if not written into the lease agreement. For example, landlords must provide a home that is safe and meets the applicable housing code requirements and make reasonable repairs to the property when necessary. In addition, landlords are required to give tenants peaceful possession of the property. This means not entering the home unannounced or at random times. Landlords who wish to sell their property do have the right to show the property to potential buyers, but not without prior notice to the tenants. Moreover, as a landlord, you may not base rental decisions or determine rent prices by any discriminatory manners. Terminating the lease agreement will depend on what type of lease agreement you have with your tenant. Under Florida law, if the lease is month-to-month, the landlord must give at least 15 days’ notice before the end of the month. If the lease is week-to-week, the notice must be at least 7 days’ prior to the end of any week. The notice must be in writing and delivered to the tenant. Landlords have the right to evict their tenant on a few bases, including: nonpayment of rent, the tenant not moving out after the expiration of the lease, and noncompliance with the lease. The landlord must give written notice to the tenant prior to filing for eviction as well. It is important to be aware of your rights and duties as a landlord in the state of Florida. If you have any questions about your rights and duties as a landlord, reach out to one of our attorneys at Martinez Law, P.A., (813) 803-4887, admin@martinezlawfla.com.
If you are a short-term rental host, you probably don’t see yourself as a landlord. Florida Law, in most instances, will not deem short-term rental hosts to be landlords who are subject to a specific set of rights and obligations. But importantly, when it comes to getting guests to vacate, you may be required to act like one. The first step in handling guests whose stay you have terminated or who are remaining past their check-out time is working with your host website. Your host website can take actions such as initiating communication with the guests, placing a hold or extra charges on their credit card, and suspend their account or ban them from booking other stays. These actions are likely to motivate the guests to voluntarily leave, but they won’t be an immediate aid. Unfortunately, if your guests are far past their check-out date, causing commotion, making excessive noise, committing crimes or property damage - it is time to involve law enforcement. Many short-term rental hosts presume that law enforcement will, or is required to, treat their guests like hotel guests or transients and order them to leave. The reality is the outcome of contacting law enforcement will vary by location and the circumstances on the scene. In locations where short-term rentals are less regulated by the county or local government, less prevalent, and where the guest has a longer stay, the chance is greater that law enforcement deems it a “civil matter” due to the potential of a landlord-tenant relationship. If this occurs, your only recourse is to file an eviction lawsuit in the local county court, a process which can take several weeks or months to complete. There are a few measures short-term rental hosts can take to prevent this issue. Ensure a responsible party is always available to physically visit the property if issues occur and speak to law enforcement on the scene. This could be yourself, a business partner, or a property manager. Always have guest rules posted on the host website and conspicuously in the property. And, talk to an experienced landlord-tenant attorney about the overall setup of your property, review compliance with local ordinances, and discuss whether it is appropriate to have guests sign a Lease Agreement. If you have questions about short-term rentals and how to protect yourself, reach out to one of our attorneys at Martinez Law, P.A., (813) 803-4887, admin@martinezlawfla.com.
Risk is everywhere and it is especially prevalent in investment decisions. Short-term rental hosts often feel they are taking on less risk than putting their hard-earned funds into the stock market or a startup company, but in some situations that may not be the case. As the owner of a property where people are being invited to stay as guests, the potential for liability exists if property damage or personal injury is suffered by those guests. Some common examples include: - Slip and falls - Furniture collapse - Electrocutions and burns - Swimming pool and watersport accidents Taking ordinary care in the maintenance of your property eliminates a substantial amount of risk that the above types of incidents may occur, but other areas of risk will be largely out of your control. Ultimately, if an incident occurs, the finding of liability and allocation of fault is a proc ess. First, you will find out from the guest what occurred and most likely, the expenses that resulted. Then, you have a decision to make, you will either compensate the guest, refer them to your or the host website’s insurance to process a claim, or deny compensation. The process of insurance claim handling can take months to years, especially for more severe injuries or losses. Whether you are personally handling the issue, or an insurance company is, the victim can decide to file a lawsuit at any time up to four years from the date of the incident. If you personally own the property, meaning your name is on the deed, you will be named as a defendant. If the victim wins the lawsuit, you are obligated to pay the resulting judgment and your personal assets such as money, investments, and properties can be seized to satisfy the judgment. This risk can actually be eliminated by not personally owning the property. Instead, seek the assistance of a real estate or property lawyer to change the way your property is held to a Limited Liability Company or a Florida Land Trust so that in a worst-case scenario situation your personal assets cannot be seized. Also, spend time reviewing your options for insurance coverage and discussing your short-term rental business with your insurers to make sure you are adequately covered.
Business interests are among the most commonly contested areas in probate litigation. Many business owners spend a significant amount of time considering what will happen when they die, instructing business partners on how to keep things running and sharing with spouses and children where important documents are kept. Unfortunately, verbal instructions are never enough to be legally effective and written instructions must take a specific form under Florida law. Ensuring the business ends up in the hands of the right people requires careful planning. Our approach is to work backwards – think of who you want to receive your business interest and explore the options from there. If you want your heirs, such as your spouse and children to receive the business interest, there are several options. First, you could declare that intent in your Last Will and Testament and upon your death, the probate court will enter an order allowing them to take your place. Second, you can have a separate contract, such as an Operating Agreement for your Limited Liability Company, or a Shareholders Agreement for your Corporation, which states who should receive your interest upon your death. Or third, you can create a Revocable Living Trust that gives your assets to your heirs at death, but transfer your business interest into the trust while you are still alive. If you do not want your heirs to receive the business interest, or you know they do not want to receive it – similar options are available. You could declare in your Last Will and Testament who should take your place in the business. Also, you could have a separate contract that designates who receives your interest or if other members of the business have a right to purchase your interest. Each of these options comes with practical considerations regarding who is best suited to take your place and how which are best reviewed before an Estate Planning Attorney. To discuss these and other option, contact one of our attorneys at Martinez Law, P.A., (813) 803-4887, admin@martinezlawfla.com
With the rise in popularity of the Florida Limited Liability Company or “LLC”, many people have become familiar with its separation from the Managers or Members, and specifically that it keeps living even if those managers or members are dead. The information gap is many people do not know exactly how this works. Your ownership of an LLC, whether it is 100% or 10% is an “interest”. Some people call this your “stake in the business”, “piece of the pie”, or other colloquialisms. Unless there is a properly drafted agreement to the contrary, when you die this ownership will go to whomever is listed in your Last Will and Testament, or according to the Florida Statutes if you do not have a will. It may go entirely to one person, such as your spouse, or may be divided among multiple persons. For example, if you die without a Will and have a spouse with children in common, the interest will go to your spouse. However, if you die without a will, with two children and no spouse, your children will each have a 50% interest in the LLC. Their ownership is formalized during the probate process and an update with the Division of State is completed to finalize the change of ownership. This is unlikely to be a desirable outcome, but thankfully with careful planning there are alternatives such as the following: 1) Creating or revising your operating agreement to state who receives your interest at death, if other members will automatically receive or purchase your interest; 2) Drafting a Last Will and Testament that specifically states which of your heirs should receive the ownership interest; and 3) Creating a Revocable Living Trust that will allocate assets to your heirs upon death and during your lifetime, transfer your ownership interest into the trust. To discuss these options in more detail, contact one of our attorneys at Martinez Law, P.A., (813)803-4887, admin@martinezlawfla.com.
The The excitement of being the successful bidder at a foreclosure auction or tax deed sale can quickly wear off once you learn that the property is encumbered by liens which pre-existed the sale. Not all liens will follow the prior owner or be “written off” after the auction sale is completed; in fact certain types of liens such as federal tax debts, are certain to remain on the property even once under new ownership. In addition, priority liens will remain on the property, such as IRS liens, primary mortgages, secondary mortgages and some homeowners association liens. Depending on the type of lienholder, they may be entitled to file their own foreclosure on the property at any time. Whether they have an interest in doing that or will follow through is a case-by-case determination. By consulting with an experienced real estate attorney you can receive advice on the lienholders options and level of risk. With a low risk lien, you may be able to rent out the property and sell it later without issue. If a risk of foreclosure is present or if you want peace of mind with your new investment, the best course of action is to resolve the liens. If you can make full payment to satisfy the lienholders and obtain a release, you may be free and clear in short order. However, for many new investors or small businesses, that is not possible or not the best financial decision. The next best option is to engage in negotiations with the lienholders for satisfaction and release by contacting them, notifying them that you are the new owner, and offering a percentage of the outstanding balance in exchange for release. Many lienholders, especially those who may have been waiting years for a chance of payment, will be willing to negotiate and accept less than their lien is worth. Taking this path to resolve the liens may take longer, but if successful, you will enjoy the asset as well as some savings. For more information, please contact one of our attorneys at Martinez Law, P.A., (813)803-4887, admin@martinezlawfla.com.
Real estate investors have made Florida a popular destination for their business endeavors. Before bidding at foreclosure auctions, read this article. A deal that seems too good to be true just might be!