 Owner Occupied Duplex (by Flora [ME]) Jun 2, 2009 7:55 AM
 Owner Occupied Duplex (by Mike in San Diego [CA]) Jun 2, 2009 8:09 AM
Owner Occupied Duplex (by Virden [OH]) Jun 2, 2009 8:14 AM
Owner Occupied Duplex (by John... [MI]) Jun 2, 2009 8:24 AM
Owner Occupied Duplex (by ManateeAlley [FL]) Jun 2, 2009 8:41 AM
Owner Occupied Duplex (by Nancy [IN]) Jun 2, 2009 9:04 AM
Owner Occupied Duplex (by otter [KY]) Jun 2, 2009 9:28 AM
Owner Occupied Duplex (by Mike in San Diego [CA]) Jun 2, 2009 9:37 AM
Owner Occupied Duplex (by CTLL [CT]) Jun 2, 2009 11:00 AM
Owner Occupied Duplex (by LC [IL]) Jun 2, 2009 11:59 AM
Owner Occupied Duplex (by Katherine [TX]) Jun 2, 2009 4:10 PM
Owner Occupied Duplex (by Katherine [TX]) Jun 2, 2009 4:11 PM
Owner Occupied Duplex (by TE [TX]) Jun 2, 2009 6:04 PM
Owner Occupied Duplex (by John... [MI]) Jun 2, 2009 8:19 PM
Owner Occupied Duplex (by Flora [ME]) Jun 3, 2009 10:51 AM
Owner Occupied Duplex (by LC [IL]) Jun 3, 2009 2:17 PM
Owner Occupied Duplex (by John... [MI]) Jun 6, 2009 3:12 PM
Owner Occupied Duplex (by Flora [ME]) Posted on: Jun 2, 2009 7:55 AM
Message:
State Specific Question About: MAINE (ME)
I live in a duplex and want to rent out the other side. I think that I can ask for renters who do not have children, but I am not sure. If this is true, am I allowed to tell people who call about the apartment that children are not allowed since it's a duplex and I live in one of the apartments? Can I advertise it in the paper that way? I'm a little confused and don't want to do anything wrong. --72.43.xx.xxx |
Owner Occupied Duplex (by Mike in San Diego [CA]) Posted on: Jun 2, 2009 8:09 AM
Message:
You can choose based on special criteria because it is owner-occupied AND 4 units or less, BUT you may not ADVERTISE that.
So, you can choose people based on having no children (family status) but you cannot advertise that.
Ain't regulations grand? --67.52.xxx.xxx |
Owner Occupied Duplex (by Virden [OH]) Posted on: Jun 2, 2009 8:14 AM
Message:
This sounds like a very good idea, some new england states have gotten really serious lead laws, be sure to watch for another ME landlord comments about this. --76.241.xxx.xxx |
Owner Occupied Duplex (by John... [MI]) Posted on: Jun 2, 2009 8:24 AM
Message:
Mike is correct -- your situation should allow you to discriminate, but you are not allowed to advertise that way. But, yes, when they call, you can tell them that you do not accept children. When they scream about it being illegal, you can tell them that you are allowed to do this legally because you live in the other side and the law allows this exception. When they continue to scream that they are going to sue you, you can then start thinking up a better reason to deny for the NEXT caller. :)
In other words, it is legal -- but still a big, annoying pain. :)
- John...
--64.25.xxx.xxx |
Owner Occupied Duplex (by ManateeAlley [FL]) Posted on: Jun 2, 2009 8:41 AM
Message:
If someone calls with children advise them there is a neighbor who is a registered sex offender and you would NOT reccomend young children live in the neighborhood. --67.191.x.xx |
Owner Occupied Duplex (by Nancy [IN]) Posted on: Jun 2, 2009 9:04 AM
Message:
I wouldn't say a word about any of this. Just choose the one you want. Advertise nothing. Say NOTHING about kids. --65.54.xx.xxx |
Owner Occupied Duplex (by otter [KY]) Posted on: Jun 2, 2009 9:28 AM
Message:
I wouldn't advertise the fact that you don't want children; just choose one who doesn't have them. If they really press the issue, go with an "others met my rental criteria better" or whatever. And if REALLY pressed, then you've got the law on your side. As an aside, glad to see I'm not the only one who doesn't want tenants with children, hee... I, too, will owner-occupy mine one day, and no way will there be Big Wheels in the yard!
Unless of course Big Bother (Obama) has changed the law regarding this by then. --162.114.xx.xx |
Owner Occupied Duplex (by Mike in San Diego [CA]) Posted on: Jun 2, 2009 9:37 AM
Message:
I'd go with Nancy's strategy. The less said, the better.
Learn to "steer" your prospects to either apply or not apply. While not necessarily a requirement in this situation (you can just turn them down), there may come a time where you are not owner-occupied and still want to weed out the losers.
Also, it took us 6 replies to get to insulting the president. Can we try and speed it up in the future, and get it within the first three please? --67.52.xxx.xxx |
Owner Occupied Duplex (by CTLL [CT]) Posted on: Jun 2, 2009 11:00 AM
Message:
Suggestion:
When they call about the ad, take charge of the conversation. "Yes, I have a 2 bedroom....washer dryer hookup, new carpet, newer appliances, etc. Keep talking about the unit. Then ask how many occupants will there be? Do you have pets. How many children to you have - if you hear children or baby crying in the background. Or just assume they have children and ask if children are already enrolled in school. They will either tell you they have day care - or they have adult children - whatever.
In other words, carry on a nice conversation without saying you don't want children because it's owner occupied. Then when they say they would like to see the unit, your answer should be that you have several people that you are showing it to but you will be happy to take their name and telephone number and get back to them. --72.200.xxx.xxx |
Owner Occupied Duplex (by LC [IL]) Posted on: Jun 2, 2009 11:59 AM
Message:
You cannot advertise no children, you can choose not to select people with children, but I never ask how many children, just how many people. THey will generally give the details. --99.32.xx.xxx |
Owner Occupied Duplex (by Katherine [TX]) Posted on: Jun 2, 2009 4:10 PM
Message:
Sorry Mike in SD. . .I only just now saw this post!!!
Do as LC said. That's what I do.
Occasionally I'll have someone ask (Is that big enough for me and my "xyz" kids?)
I always respond that's a decision they will have to make. --69.154.x.xxx |
Owner Occupied Duplex (by Katherine [TX]) Posted on: Jun 2, 2009 4:11 PM
Message:
What Mike said about "steering" your prospects is a good idea. You just need to ask the right questions and listen and so forth.
Even with the law on your side. . .this issue is best avoided in discussion. --69.154.x.xxx |
Owner Occupied Duplex (by TE [TX]) Posted on: Jun 2, 2009 6:04 PM
Message:
Read up on Federal Fair Housing Laws and Protected Classes, since its Federal it will supercede any state or city regulation, so I am unclear on how you are exempt. Either you are a LL or your not. I don't think it matters where you reside Families are a protected class. Do not advertise no children.
--99.53.xxx.xxx |
Owner Occupied Duplex (by John... [MI]) Posted on: Jun 2, 2009 8:19 PM
Message:
TE: You are incorrect and may want to read up on Federal Fair Housing Laws yourself before you give advice about them to others and tell others to read up themselves. :-)
The Federal laws make clear exceptions when the owner occupies one of the units in a 4 unit or smaller location. You CAN discriminate when you live in the building even though Families are a protected class. You can even say that you only allow Christians or Athiests or Diciples of Satan if you so choose.
Specifically, the part of the Federal Fair Housing Act of interest is this:
"Nothing in section 804 of this title (other than subsection (c)) shall apply to [...] rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence".
804 is the section that states that you can't discriminate -- and the subsection (c) that the above clause mentions is the only part of it that DOES still apply is the clause about advertising.
So, you are correct that you cannot advertise the discrimination -- but it is more complex than just "either you are a LL or you're not" and it certainly DOES matter where you reside.
- John...
--207.241.xxx.xxx |
Owner Occupied Duplex (by Flora [ME]) Posted on: Jun 3, 2009 10:51 AM
Message:
Okay, so if someone wants to see the apartment and they have children, can I verbally tell them over the phone that I do not accept children because it is an owner occupied dwelling? I know I can't advertise it as "no children," but can I tell people over the phone? It wouldn't be fair to have someone drive out to see the property, only to learn that their children aren't allowed. They would probably ask, "why didn't you tell me that children are not allowed.?" It would be akward. --72.43.xx.xxx |
Owner Occupied Duplex (by LC [IL]) Posted on: Jun 3, 2009 2:17 PM
Message:
Call fair housing and ask them. They'll tell you what you can say.
Before this law was passed, it was heartbreaking to show up at a 1BR apt with my new baby in arms and be told, "we don't allow children." --69.155.xx.xxx |
Owner Occupied Duplex (by John... [MI]) Posted on: Jun 6, 2009 3:12 PM
Message:
Flora: My understanding is that, yes, you can tell people that whenever talking to them directly.
- John...
--66.90.xx.xxx |
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