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Old 04-01-2021, 10:03 PM
 
Location: Somers, MT
177 posts, read 126,896 times
Reputation: 319

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Quote:
Originally Posted by kokonutty View Post
Yup, that's the law. What makes you think the exclusion clause you have here is applicable?

Without the OP saying otherwise, I have zero reason to believe they are a professional landlord or are renting out larger than a 4plex. So unless OP said otherwise, there is no reason the FHA would apply.
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Old 04-02-2021, 10:19 AM
 
37,652 posts, read 46,067,796 times
Reputation: 57256
Quote:
Originally Posted by KNPV PSD View Post
Without the OP saying otherwise, I have zero reason to believe they are a professional landlord or are renting out larger than a 4plex. So unless OP said otherwise, there is no reason the FHA would apply.
Agreed. It did not sound as if the OP was a professional landlord.
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Old 04-02-2021, 07:02 PM
 
11,025 posts, read 7,855,356 times
Reputation: 23702
Quote:
Originally Posted by KNPV PSD View Post
Without the OP saying otherwise, I have zero reason to believe they are a professional landlord or are renting out larger than a 4plex. So unless OP said otherwise, there is no reason the FHA would apply.
That's kind of backwards, isn't it? To assume an exclusion applies rather than the entirety of the law itself? The OP did not make a distinction - there is no way to know what type of rental this is and no way to know how many such rentals they own. There are a number of posters here who own multiple properties; I'm not interested enough to track the OP's history to see if they are one.

And nothing I posted regarding the ADA not being applicable and the FHA being the appropriate law is "incorrect" as you have claimed.
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Old 04-02-2021, 07:53 PM
 
Location: Somers, MT
177 posts, read 126,896 times
Reputation: 319
Quote:
Originally Posted by kokonutty View Post
That's kind of backwards, isn't it? To assume an exclusion applies rather than the entirety of the law itself? The OP did not make a distinction - there is no way to know what type of rental this is and no way to know how many such rentals they own. There are a number of posters here who own multiple properties; I'm not interested enough to track the OP's history to see if they are one.

And nothing I posted regarding the ADA not being applicable and the FHA being the appropriate law is "incorrect" as you have claimed.

Okay...the same logic applies to you as well. Only the OP can clear this up, but the point stands. The FHA does not apply to most people who come to CD for advice about how to handle their rental situation.


And I am not claiming anything. I am referencing how federal law likely does not apply to the OP and I am referring them to the actual law. The OP hopefully is not taking my word or anyone else's word about anything. It is up to all of us to read the law and interpret it, or pay lots of money for a professional to do it....
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Old 04-03-2021, 12:58 AM
 
11,025 posts, read 7,855,356 times
Reputation: 23702
Quote:
Originally Posted by KNPV PSD View Post
Okay...the same logic applies to you as well. Only the OP can clear this up, but the point stands. The FHA does not apply to most people who come to CD for advice about how to handle their rental situation.


And I am not claiming anything. I am referencing how federal law likely does not apply to the OP and I am referring them to the actual law. The OP hopefully is not taking my word or anyone else's word about anything. It is up to all of us to read the law and interpret it, or pay lots of money for a professional to do it....
You claimed I was incorrect when I stated the ADA was not applicable but the FHA was. The FHA law definitely applies to a tenant's right to keep an ESA; that is a fact. Whether this specific case does not because of an exclusion within the law does not mean the law does not apply, it proves it does.
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Old 04-03-2021, 02:36 PM
 
Location: Somers, MT
177 posts, read 126,896 times
Reputation: 319
Quote:
Originally Posted by kokonutty View Post
You claimed I was incorrect when I stated the ADA was not applicable but the FHA was. The FHA law definitely applies to a tenant's right to keep an ESA; that is a fact. Whether this specific case does not because of an exclusion within the law does not mean the law does not apply, it proves it does.

Gold medal gymnastics. You said the FHA applies in this case, and I pointed to the section of the law saying otherwise. You continue to simply restate your claim without pointing to specific codified legislation...I would love to be proven wrong, but the law is very clear about when it does not apply. IMO you are doing a disservice to anyone seeking advice like the OP.
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Old 04-03-2021, 02:40 PM
 
Location: Somers, MT
177 posts, read 126,896 times
Reputation: 319
Quote:
Originally Posted by kokonutty View Post
You claimed I was incorrect when I stated the ADA was not applicable but the FHA was. The FHA law definitely applies to a tenant's right to keep an ESA; that is a fact. Whether this specific case does not because of an exclusion within the law does not mean the law does not apply, it proves it does.

And I read all my posts again, I never said YOU were incorrect...I said the legal facts you posted were incorrect. Not sure why you are taking it as one, but not everything on this forum is a personal attack.
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Old 04-03-2021, 08:00 PM
 
11,025 posts, read 7,855,356 times
Reputation: 23702
Quote:
Originally Posted by KNPV PSD View Post
Gold medal gymnastics. You said the FHA applies in this case, and I pointed to the section of the law saying otherwise. You continue to simply restate your claim without pointing to specific codified legislation...I would love to be proven wrong, but the law is very clear about when it does not apply. IMO you are doing a disservice to anyone seeking advice like the OP.
The FHA does apply in this case - you said I was incorrect when I posted that; you were wrong.

You're the one doing a disservice - anyone concerned should reference the entire FHA, not just cherry pick those sections they want to apply. Guessing at the status of the OP is something I will not do, but feel free to do so if it makes you feel good, just don't foist your guesswork as the law.
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Old 04-03-2021, 10:21 PM
 
Location: Somers, MT
177 posts, read 126,896 times
Reputation: 319
Quote:
Originally Posted by kokonutty View Post
The FHA does apply in this case - you said I was incorrect when I posted that; you were wrong.

You're the one doing a disservice - anyone concerned should reference the entire FHA, not just cherry pick those sections they want to apply. Guessing at the status of the OP is something I will not do, but feel free to do so if it makes you feel good, just don't foist your guesswork as the law.

I referenced the actual law down to the section and paragraph. You just give your opinion. Do you know that the OP has more than three rentals? Do you know the OP is a professional landlord? If not, the section I posted is the only part of the FHA that applies.


This has nothing to do with cherry picking or "wanting" any portion of the law to apply....the law is written the way it is and my opinions have zero bearing on the law. And neither do yours.
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Old 04-03-2021, 10:38 PM
 
11,025 posts, read 7,855,356 times
Reputation: 23702
Quote:
Originally Posted by KNPV PSD View Post
I referenced the actual law down to the section and paragraph. You just give your opinion. Do you know that the OP has more than three rentals? Do you know the OP is a professional landlord? If not, the section I posted is the only part of the FHA that applies.


This has nothing to do with cherry picking or "wanting" any portion of the law to apply....the law is written the way it is and my opinions have zero bearing on the law. And neither do yours.
I know as much about the OP as you do but you chose to leap to an unsupported conclusion about their status as a landlord.

I referenced the entire law; you cherry picked one part after flying off on an irrelevant tangent regarding the ADA.

If a tenant needs an ESA, the entire law applies.
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