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Re: Is this a statement or just a helpful suggestion? - Landlord Forum thread 326198

Re: Is this a statement or just a helpful suggestion? by MrDan (Georgia) on October 23, 2014 @09:34

                              
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: Is this a statement or just a helpful suggestion? by Anonymous on October 23, 2014 @11:58 [ Reply ]
What if the OP made the same statement in a phone instead of an email? can the tenants still be able to secretly make a voice recording and turn over to the government agency to make a case against the landlord?

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