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Is this a statement or just a helpful suggestion?
by Joe (Michigan)
on October 23, 2014 @07:57
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Someone replied to my ad by email: "Hi, I found your listing on Trulia and would like to find out more about this property. Please let me know when you are available for a viewing. Thank you. My daughter contacted. You today I work in midtown as Asst property manager. My fiance works at roush_reliance as a test driver for pre production cars for gm we have 4 children were trying to come back to berkley so my daughter can finish school there I'm looking for a 4 year lease. My daughter said she made an appt for Tuesday to see home at 6."
I relied: "this house may be too small for six people."
The lady never contacted me again. I went the house to meet her or her daughter to show the house. I waited for one hour but no one showed up. After that day, I had three open houses. That lady or her daughter never came.
Recently, I received a formal complaint from Michigan Dept of Civil Rights and the HUD. That lady filed a complaint accusing me discrimination against her based on familial status.
Thank your guys for helping me to understand the situation with your posts and advices! The emails I pasted above are the only evidence for the case. My advertisements or rental signs or application form do not have anything pointing to restrictions or limitations. My question is: is my reply email a decisive statement or just a helpful suggestion? Whose interpretation has the final say? Can that sentence be the ground for a judgment? No matter what, I did not actually deny her the opportunity of rental. I never met her or talked to her (except to her daughter when she called to set up an appointment). She never came to the appointment or to the open houses. She has quickly sent a proposal to the Civil Rights department asking for $10,000 to satisfy her! What could happen to me? Please comment! I am really troubled!
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Re: Is this a statement or just a helpful suggestion?
by Shaun (Fl)
on October 23, 2014 @09:12
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As several people below suggested, you need an attorney. I would look for an attorney that has a very good investigator. These people may be "pros".
10K for one statement in passing. Sounds like professional cons.
4 kids in one bedroom. Almost sounds like a set-up
Next time make sure you qualify your response...
-That the bedrooms especially the second bedroom is very small. But that you would love to show them the property....
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Re: Is this a statement or just a helpful suggestion?
by MrDan (Georgia)
on October 23, 2014 @09:34
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As part of its investigation, the agency will ask for copies of various documents, including the tenant’s (or applicant’s) file, copies of notices, the property’s ads and brochures, policies related to reasonable accommodation, applicant criteria, and just about anything else that might shed some light on the complainant’s situation.
The agency will request a position statement from you. It wants to know your side of the story. The statement should be reviewed carefully by your attorney to make sure every word is accurate. NEVER send a position statement to an investigator unless it is reviewed by your attorney.
Often, the agency will want to interview you or any other staff members at the property site. This is done informally, but is nonetheless important. The investigator may ask to see files, including those of other tenants. The investigator also notes the environment – whether the fair housing logo is posted, whether staff is pleasant to all who enter, etc.
The Agency determination can be any one of the following: “probable cause”, “no probable cause”, or “no determination can be made”. If the agency concludes there is “probable cause” to believe a violation of fair housing law occurred, the government has the opportunity to file a lawsuit against you.
Keep in mind that all of the above is about administrative complaints. The complainant always has the option of filing a lawsuit in court, even if the administrative complaint was unsuccessful and a determination came back as No Probable Cause”.
Although there is no legal requirement that you be represented by a lawyer, it is nonetheless imperative to have one. The lawyer can help formulate responses in a way that most effectively communicate your position.
You should inquire whether your insurance policy covers the costs for defense, settlement, or a trial verdict and resulting damage awards.
The basic fact has nothing to do with how many or what size the bedrooms are. You knew that the applicant had four children and your statement that "the house is too small for a family of six/ the house may be too small for six people" can be viewed as discrimintory as to discourage families from renting.
It is against the law to discourage any person from viewing and/or renting a unit because that person belongs to a protected class.
You should have all ready contacted an attorney to guide you through this.
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Re: New developments
by joe
on October 23, 2014 @20:14
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The Dept. of Civil Rights investigator sent us a new e-mail saying the other party has reduced her offer to $5000ish, being the difference of our rent and the current rent she is paying times 4 years which was how long she plan to stay. and we can counter-offer.
My questions:
1) she didn't come to viewing, never applied, how can she assume that she would have been the best applicant re. credit/income?
2) isn't our law "innocent until proven guilty"? How can I be accused of discrimination for just a casual comment without any action?
3) If for the sake of hassle, we counter-offer, does that then mean we admit to the wrong-doing? Then Civil Rights can turn around and investigate us again? Why would I admit to something I didn't do?
4) Do landlords have any civil rights? such as freedom from fear?
5) I want to hire an attorney, but should I get a real estate lawyer or civil rights lawyer? How do I know who is good?
Thank you all for helping out!
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Screw all this "do this," "do that" advice
by Anonymous
on October 25, 2014 @17:16
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Don't answer one single damn question from this or any other agency.
They have the burden of proof.
Do NOT comply with any request unless ordered to do so by A JUDGE OF THE COURT.
These overly, self-important bureaucrats in these government agencies have no power or authority unless you give it to them.
The only thing you should do is tell them to prove it or flock off. They have absolutely nothing. If they did have a cause, they wouldn't be asking you to cooperate in their witch hunt.
Believe me when I tell you, these agencies are a joke. Treat them as such and live your life anxiety free.
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