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Old 09-01-2009, 05:02 PM
 
Location: Boca Raton, FL
711 posts, read 1,707,063 times
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Quote:
Originally Posted by modster View Post
At one point "source of income" was going to be added to the 7 protected classes, (race, creed, color, sex, national origin, familiar or handicap status). This was specifically designed to make any rental available for section 8 from what I understood at that time. I don't think that was ever done so no, there is no Federal law that prevents people from not doing sec 8.
Some states make source of income a protected class under state law. Is Texas one of them?
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Old 09-01-2009, 05:26 PM
 
Location: #
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Quote:
Originally Posted by DrLizardo View Post
I don't know for a fact, but it seems to me that being a Section 8 recipient does not make anyone a "protected class" of renter. There are members of protected classes that are voucher holders, but I don't know the numbers/percentages of Section 8 users broken down by ethnicity/gender. While some landlords/HOAs might use a bar against renting to Section 8 voucher recipients as a veil to hide housing discrimination, I can also see many of them doing so for practical and legitimate reasons. As long as they ban all Section 8 rentals, regardless of the race/gender of the renter, they are not discriminating.
They are discriminating against the owner of the house who likely has the right to accept the Section 8 voucher. I don't think it's legal for an HOA to write this in the bylaws as it is the property owner's right to rent to who he chooses. Now, if it were an apartment complex that would be different although it would still be up to the owner of the apartment complex to accept or refuse section 8.
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Old 09-01-2009, 06:06 PM
 
Location: Boca Raton, FL
711 posts, read 1,707,063 times
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I don't know if HOA bylaws prohibiting section 8 are enforceable, but bylaws prohibiting renting entirely are very enforceable.

Such bylaws can be shortsighted, since they tend to cause foreclosure cascades during market downturns.
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Old 09-01-2009, 06:32 PM
 
Location: Houston, TX (Bellaire)
4,900 posts, read 12,473,103 times
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You can have rules barring a certain number of persons living in a residence and also rules barring using a residence for a rental so I do not see why not a rule barring Section 8 rentals. Anyone here a property lawyer?
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Old 09-01-2009, 06:38 PM
 
344 posts, read 1,096,175 times
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Quote:
Originally Posted by crbcrbrgv View Post
They are discriminating against the owner of the house who likely has the right to accept the Section 8 voucher. I don't think it's legal for an HOA to write this in the bylaws as it is the property owner's right to rent to who he chooses. Now, if it were an apartment complex that would be different although it would still be up to the owner of the apartment complex to accept or refuse section 8.
Really? I would never have imagined it being discriminatory (not in Texas) nor illegal. I would love to read the law you're referring to, please give me the cite so I can look it up, or better yet, provide a link to it. Thanks
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Old 09-01-2009, 07:49 PM
 
Location: #
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Quote:
Originally Posted by DrLizardo View Post
Really? I would never have imagined it being discriminatory (not in Texas) nor illegal. I would love to read the law you're referring to, please give me the cite so I can look it up, or better yet, provide a link to it. Thanks
The laws regarding this issue are so ambiguous that I'd hate to be the HOA that fought section 8 renting a single house. If that property owner owned several properties within the borders of the HOA, the HOA would probably win. If the property owner owns only a few or less houses within the HOA's boundaries, rents to Section 8 in his house and HOA fights him, HOA would likely lose. They would also likely be dissolved due to court costs. I say, in the OP's situation the HOA would be better off letting the Section 8 tenant stay.
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Old 09-01-2009, 07:51 PM
 
344 posts, read 1,096,175 times
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Quote:
Originally Posted by crbcrbrgv View Post
The laws regarding this issue are so ambiguous that I'd hate to be the HOA that fought section 8 renting a single house. If that property owner owned several properties within the borders of the HOA, the HOA would probably win. If the property owner owns only a few or less houses within the HOA's boundaries, rents to Section 8 in his house and HOA fights him, HOA would likely lose. They would also likely be dissolved due to court costs. I say, in the OP's situation the HOA would be better off letting the Section 8 tenant stay.
So, does that mean that you won't tell me what laws you were referring to when you said it would be discriminatory and illegal?
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Old 09-01-2009, 07:53 PM
 
Location: #
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Quote:
Originally Posted by DrLizardo View Post
So, does that mean that you won't tell me what laws you were referring to when you said it would be discriminatory and illegal?
Why should I? It's my opinion, nothing more. I never said I was a lawyer. My money is on most HOA's cowering if a lawsuit were brought against them. Perhaps the real question is why are you so interested in finding ways to discriminate against homeowners?
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Old 09-01-2009, 08:04 PM
 
344 posts, read 1,096,175 times
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Quote:
Originally Posted by crbcrbrgv View Post
Why should I? It's my opinion, nothing more.
Thanks for that clarification.

See, where I made my mistake is when I read this:
Quote:
Originally Posted by crbcrbrgv View Post
They are discriminating against the owner of the house who likely has the right to accept the Section 8 voucher.
It seemed like such a definitive statement of legal facts in your knowledge that I mistook it for such. Since we had been talking about discrimination and protected classes as defined in the law I just made an assumption that you were stating fact. I guess that's my error.
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Old 09-01-2009, 08:47 PM
 
Location: #
9,600 posts, read 15,289,319 times
Reputation: 6308
Quote:
Originally Posted by DrLizardo View Post
Thanks for that clarification.

See, where I made my mistake is when I read this: It seemed like such a definitive statement of legal facts in your knowledge that I mistook it for such. Since we had been talking about discrimination and protected classes as defined in the law I just made an assumption that you were stating fact. I guess that's my error.
Maybe it would have helped if I would have started by saying, "My brother is a lawyer and was involved in an HOA/Section 8 battle that nearly wiped out an HOA." That's how I know. I apologize for saying you were trying to find ways to discriminate against people.
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