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6 Cards in this Set
- Front
- Back
FHA Exceptions
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Does FHA apply? Not if...
- leasing property that is attached to personal dwelling -owning less than three single family properties -does not use a broker *rooms or units in dwellings containing living quarters occupied by no more than four families living independently of each other, if the owner occupies one of such living quarters at his residence. *any single family house sold or rented by an owner if he owns less than three houses and does not use a real estate broker or agent in the sale or rental (these exceptions protect landlord for discrimination) Policy Consideration: protect the little guy |
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Disparate Treatment Approach (Prima Facie Case of Discrimination
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1. The landlord knew or should have suspected the potential was part of the protected class
2. the tenant was qualified to rent the property 3. the landlord refused the application of the tenant and to rent to the tenant 4. the property remained available after the landlord refused to rent to the tenant. |
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The landlord knew or should have suspected the potential was part of the unprotected class
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Look to the facts
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the tenant was qualified to rent the property
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"excellent credentials"
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the landlord refused the application of the tenant
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"turned her away"
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the property remained available after refusing to lease to the tenant
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property still available for rent
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