Archive for category Protected Classes

I Discovered A Really Informative Blog Devoted To Fair Housing Issues

Mar 10

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes | 2 Comments

This past weekend I was trying to think of some ways to add some variety and fun to Tristan’s Landlord-Tenant Law Blog.  While I feel that my blog is informative and helpful I wish that I could make it more fun.  Toward that end I decided that I would spend some time trying some new types of blog posts in the future — a list post (i.e. Top Ten Reasons To Not Allow Cats in Your Rental Unit, Top Ten Excuses for Paying Rent Late), a video post, a book review post. 

Those of you that are regular readers of my blog or those of you that have met me personally may know that I really enjoy learning knew things relating to Landlord-Tenant law.  Because of this, I was really excited this past weekend to discover a blog devoted totally to discrimination/Fair Housing issues. 

The Fair Housing Blog is published by Attorney Ron Leshnower.  He started his blog in 2008 to coincide with the 40th anniversary of the Fair Housing Act.  The purpose of his blog, according to his bio, is to explore housing discrimination issues that are important and interesting but do not always get much press.

This blog covers all issues that could possible arise in the Fair Housing context.  He talks about all of the protected classes, reasonable modifications and reasonable accomodations for individuals with disabilities, testing, voice profiling, steering, and many more issues.  What I like most about this blog is that the author provides links to the actual legal documents that the federal or state government filed against the landlord,  property manager, or owner who allegedly violated the law.  This allows you to read the actual factual allegations.  While many of these lawsuits are resolved without a need for a hearing and therefore there is no written decision necessary,  it is still very enlightening to read about what specific situations are egregious enough to cause the government file a lawsuit. 

What better way to learn then from other’s mistakes.  Some of the author’s blog posts include links to fair housing studies performed by various municipalities as well as media reports. 

If you are interested in Fair Housing issues as I am or just want to learn what type of actions can land you in trouble I would encourage you to spend some time at the Fair Housing Blog.

I have previously posted a three-part series about Fair Housing law that will give you some useful basic information to better understand the Fair Housing Blog.  You can read those posts here, here and here.

Housing Choice Vouchers (Section 8 Rent Assistance) Are Not A “Lawful Source of Income” In Wisconsin

Aug 13

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants | 2 Comments

I am often asked whether or not a landlord is able to legally decline to rent to a tenant that is receiving “rent assistance.”   I believe that the primary reason that landlords are unsure of the answer to this question  is because Wisconsin’s Open Housing Act (Sec. 106.50, Wis. Stats.) prohibits a landlord from discriminating against a tenant or a prospective tennat based on their ”lawful source of income.”  For more information on Wisconsin’s protected classes you should read my prior post entitled “FAIR HOUSING – Part 1:  What Are The Protected Classes?” Read the rest of this entry »

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Fair Housing – Part 3: Legal Reasons To Deny A Rental Applicant

Aug 4

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants | 3 Comments

From reviewing the analytics program that works in conjunction with my blog, I have learned that my two prior posts on fair housing/discrimination issues peaked a lot of interest which resulted in them being two of my most read posts to date.  My prior posts can be read here and here.  As a result I have decided to add another post related to Fair Housing issues.

When I give seminars on the topic of screening and accepting tenants, especially after I have just discussed the 12 protected classes, the attendees often feel as if they are not allowed to reject any applicant that is a member of a protected class.  The important thing to remember is that you are legally allowed to deny rental to a member of a protected class as long as the reason you are denying them rental is not becasue they are a member of a protected class.  This is a subtle distinction but a very important one.  If you keep this distinction in mind during your screening process I think you will feel less “hamstrung” in general and hopefully more confident that you are not running afoul of the law.  Read the rest of this entry »

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FAIR HOUSING – PART 2: Interesting Statistics from HUD’s 2008 Annual Report

Jul 10

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes | 3 Comments

I was recently reviewing the U.S. Department of Housing and Urban Development’s (HUD) Fiscal Year 2008 Annual Report on Fair Housing.  Not exactly beach reading but then the weather here in Milwaukee isn’t exactly conducive to going to the beach.

HUD and its various Fair Housing Assistance Programs (FHAP) agencies handle all complaints regarding discrimination related to the federal protected classes.  To see a list if the 7 federal protected classes please refer to my earlier post here.  The report contained some very interesting statistics.  You can review the entire Annual Report here. (Be patient as it is a large document and takes awhile to download) Read the rest of this entry »

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FAIR HOUSING – PART 1: What Are The Protected Classes?

Jul 10

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants | 2 Comments

A large part of my law practice is meeting with and consulting with landlords and management companies with regard to how to avoid trouble. This would include assisting them with the drafting of rental documents and guiding them on the proper notice to use when terminating a tenancy. It also includes consulting with clients with regard to fair housing / discrimination issues.

I enjoy this consulting work as it typically occurs before the landlord is embroiled in a dispute or litigation – thus my client tends to be in a better mood at the consulting stage which puts me in a better mood also. Read the rest of this entry »

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NEW LEGISLATION TO MAKE VICTIMS OF ABUSE A NEW PROTECTED CLASS

May 15

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Legislation, Protected Classes | 1 Comment

On May 14, 2009, Wisconsin Senator Spencer Coggs along with 7 other state senators introduced 2009 Senate Bill 204 entitled the “Victim Fair Housing Act.”

This bill will prohibit discrimination in housing on the basis of a person’s status as a victim of domestic abuse, sexual assault, or stalking. The bill also prohibits the owner of housing from requiring that a rental applicant supply information concerning the person’s status as a victim of domestic abuse, sexual assault, or stalking. Read the rest of this entry »

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