After this chapter, you will be able to:
→ Given the HUD recommendations, list what may not be considered when using a criminal history during
the tenant screening process.
→ Identify the law that protects tenants from eviction due to foreclosure on the property the tenants occupy.
→ List the items that should be included in an adverse action notice.
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The Fair Housing Act prohibits discrimination in the sale and rental of housing based on race, color,
national origin, religion, sex, familial status, and disability.
A housing provider can violate the Fair Housing Act by either intentionally discriminating against a member of a protected class or by engaging in practices that have a discriminatory effect on members of a protected
class, even if not intentional.
If a landlord chooses to consider an applicant’s criminal history, HUD made a few things clear:
- only convictions
- on individuals with a prior conviction
- of the conviction
* Don’t consider prior arrests,
* Don’t have a blanket prohibition
* Do consider the nature and severity
If a landlord chooses to consider an applicant’s criminal History (with convictions in these examples)
HUD made a few things clear:
- does this relate to the safety of residents, the safety of property, or the ability to be a good tenant?
- “lookback periods” (i.e. the period of time since the conviction)
Limit “lookback periods” (i.e. the period of time since the conviction)
A law that expired in December 2014 was restored in June 2018. The Protecting Tenants at Foreclosure Act (PTFA) is intended to shield tenants from eviction because of foreclosure on the property they occupy. The PTFA applies in the case of any foreclosure on a federally related mortgage loan or on any dwelling or residential real property.
Under the PTFA, any immediate successor in interest (i.e. the purchaser) will assume the interest subject to the rights of a bona fide tenant. A bona fide tenant means:
- (i) the tenant is not the mortgagor, ________________________ of the mortgagor;
- (ii) the lease or tenancy is the result of a(an) __________________________
- (iii) rent is not substantially less than ______________________ rent
or the child, spouse, or parent
arms- length transaction
The tenant is allowed to occupy the premises until:CorrectIncorrect
Exceptions to allowing tenants of foreclosed properties to continue to occupy include:
(Choose all exceptions)CorrectIncorrect
Fill in the blank…
The first exception is if the purchaser will occupy the property as a primary residence. The second exception is if there is no lease or the lease is terminable at will. In those situations, the purchaser must provide to the tenant notice to vacate the property at least days in advance.
How must Adverse Actions be communicated?CorrectIncorrect
In property management, adverse actions incldeCorrectIncorrect