SANTA MONICAFAIR HOUSING

SEMINAR REPORT

Michael Millman,Wes Wellman &

Elaine Golden-GealerAttended the 3.5 Hour Event

(And survived to tell about it)!!

FOUR Attorneys Were ThereRepresenting Tenants

ZERO Attorneys Were ThereRepresenting Owners

Next Year the Fair Housing Seminar Will Be More Fair

BECAUSEThanks to Michael Millman

ACTION will be a co-sponsor

Think About This:

You Have Two Applicants for a Vacancy

• One with $100,000 Income

• One with a Section 8 Voucher

Which tenant would you choose?

Would you chose the tenant with $100,000 income paying 40% of their income towards their rent?

Or the Section 8 tenant paying only 30% of their income towards their rent?

Do you see that this is more complex than it first

appeared to be

Do you know the one thing all owners thought BEFORE they were sued for

Fair Housing violations??

It only happens to other people!!!

HERE ARE SOME MY OBSERVATIONS:

1. If You Have Only One Applicant For A Vacancy And You Rent To Them - NO PROBLEM

2. If You Have Only One Applicant For A Vacancy And Your DON’T Rent To Them - YOU MAY HAVE A PROBLEM

3. If You Have 2 or More Applicants For a Vacancy - YOU MAY HAVE A PROBLEM

Listen to the words from the

Unruh Civil Rights Act

All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

HERE ARE 10 FAIR HOUSING ISSUES 1. Race

2. Marital Status

3. Sexual Orientation

4. Gender Identity

5. Age

6. Children

7. Disability

8. Section 8

9. Criminal Record

10. Ancestry/National Origin

The Days Of Saying “I Don’t Take Section 8” Are Over

Too Many Stairs – Pool – Busy Street

The Days Of Saying “My Building Isn’t Safe For Children”

Are Over

The So-Called Good Old Days Are Over -

Choosing Your Favorite Type or Set of Tenants Can Now Lead to a Lawsuit !!

Here is what you need to know:

Please listen carefully

A Court or Housing Agency that Finds Discrimination Has Taken Place May Order You to Do One

Or More of the Following:

1. Rent the unit to the person who brought the discrimination charge

2. Pay “actual” damages to person you illegally rejected such as the additional rent tenant had to pay elsewhere

3. Pay “compensating” damages for humiliation and distress and/or pay a civil penalty to the State or Federal Government

($16,000 for 1st violation)

4. For especially outrageous discrimination, you may have to pay punitive damages of many thousands – plus attorney’s fees –

The Days of What You Think Is ‘Common Sense’ Is Out The Window

And Legal Is Not What You Think Is Legal

Now What?Here are some ways your choice of tenants doesn’t lead to a lawsuit!!

WHAT SHOULD YOU DO?

1. Have a Checklist of Your Rental Criteria

2. Apply Your Rental Criteria to EveryApplicant Equally

3. Have Consistent Policies & Treat AllApplicants the Same

Your Rental Criteria Can Include:

• Income (Section 8 makes this more complex)

• Credit Report & FICO Score

• Criminal Background (Be careful with this one)

• References from employer & previous landlords

The Fair Housing People Are Sending Testers To Check On Us

City Attorney Gary Rhoades Also Warned Us To Watch Out For ‘Implied Bias’

No Idea What That Means...

I Guess It Means Whatever The City Attorney’s Office Says It Means – Kind of Like ‘Alice In Wonderland’

I am not an attorney

These are just my observations

So when in doubt about what to do –

PLEASE CALL YOUR ATTORNEY

It’s cheaper than a lawsuit!

I Don’t Know About You, But Being an Owner is Beginning to Scare me!!!