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Old 01-11-2010, 09:26 PM
 
271 posts, read 785,474 times
Reputation: 170

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My daughter is almost 2 and she runs around crazy here at my apartment all day long but she has never caused any damage. I let her play with crayons but I never ever leave her alone with them because they'll end up in her stomach or all over the floor. I think if kids are supervised you can prevent a lot of things that could go badly. Can't wait to just buy a house so I don't have to deal with all the restrictions of renting anymore!
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Old 01-13-2010, 01:59 AM
 
28,115 posts, read 63,672,505 times
Reputation: 23268
Quote:
Originally Posted by briannasmomma View Post
Can't wait to just buy a house so I don't have to deal with all the restrictions of renting anymore!
More Freedom... one of the best reasons to buy a home

Just watch out for the CC&R's
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Old 01-13-2010, 07:17 AM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
Cats can be declawed and I only allow declawed cats...if people think it is cruel to do that to a cat that is fine with me and when we had a cat we didn't have it, but it was my cat and my home and my cat didn't ruin anything and didn't pee inside, because I agree the smell is horrible. The cat went outside in our yard to do his business and would come back in after that so he never bothered others.

The tenants in my home who are leaving this month have a small kid and obviously never learned the kid not to use things on the wall so it will either cost them money or a lot of work to get it back to how it was when they moved in.

As long as the add isn't stating young kids of a certain religion or race it isn't discrimination at all, there might be something in the house that could be dangerous for small kids but not for older. I don't see anything wrong with it, just that it is good to know upfront and to me it doesn't say they hate or dislike small kids. Just that their property isn't safe for small kids or they want to protect it from damage, maybe due to previous experience...

I have kids myself who never ever damaged anything in a rental and we moved 16 times from which 12 were rentals and never didn't we get our deposit back in full and never did we have to paint it before leaving, so to me that says enough how well behaved they are and were
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Old 01-13-2010, 08:44 AM
 
2 posts, read 5,170 times
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I am not sure if this is legal, though it would seem that it could be.... I am remembering the 1980s when there were many all adult apartment communities and they passed legislation forcing apartment communities to accept children. Based on that, it doesn't seem like it could be legal to refuse rental to families with children... it may just be that they get away with it because no one complains. It would be wise to check with your local office which deals with housing or fair housing practices.... landlords will pull anything over on you that they can get away with if you let them. Another thing a lot of people don't realize is an issue with security deposits. Landlords place them in escrow accounts that are interest earning accounts. At on time the interest rate was high and when the deposit is returned at the end of your tenancy, they are supposed to give it to you with the interest...many landlords will try to slip by just giving the original deposit and keeping the interest....you really have to make a fuss, call your local housing authority and get the facts. Some localities no longer use interest earning escrow accounts for security deposits, but some may still do it....and if you've been in a rental unit for more than 5 or 6 years, it is likely that interest was accrued on your deposit during some of that time.
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Old 01-13-2010, 09:45 AM
 
Location: Central Texas
20,958 posts, read 45,404,950 times
Reputation: 24745
Quote:
Originally Posted by bentlebee View Post
Cats can be declawed and I only allow declawed cats...if people think it is cruel to do that to a cat that is fine with me and when we had a cat we didn't have it, but it was my cat and my home and my cat didn't ruin anything and didn't pee inside, because I agree the smell is horrible. The cat went outside in our yard to do his business and would come back in after that so he never bothered others.

The tenants in my home who are leaving this month have a small kid and obviously never learned the kid not to use things on the wall so it will either cost them money or a lot of work to get it back to how it was when they moved in.

As long as the add isn't stating young kids of a certain religion or race it isn't discrimination at all, there might be something in the house that could be dangerous for small kids but not for older. I don't see anything wrong with it, just that it is good to know upfront and to me it doesn't say they hate or dislike small kids. Just that their property isn't safe for small kids or they want to protect it from damage, maybe due to previous experience...

I have kids myself who never ever damaged anything in a rental and we moved 16 times from which 12 were rentals and never didn't we get our deposit back in full and never did we have to paint it before leaving, so to me that says enough how well behaved they are and were
Okay, I provided a link earlier, but apparently some didn't click on it.

Here's the exact wording from the HUD website (not copyrighted because it's written by a governmental agency), with the pertinent part bolded:

[SIZE=2]Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).[/SIZE]

If you, the landlord, do not qualify for one of the exemptions (found here on the Department of Justice website), you are, indeed, discriminating and you are in violation of Fair Housing Laws, which is not a good position to be in legally.

Now, the advertiser in question might have fallen into one of the exemptions, except for this:

Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title;(emphasis mine)

So, the ad in and of itself means that the landlord does not qualify for the exemption.
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Old 01-14-2010, 02:35 PM
 
Location: Vermont
11,760 posts, read 14,654,294 times
Reputation: 18529
Quote:
Originally Posted by TexasHorseLady View Post
Okay, I provided a link earlier, but apparently some didn't click on it.

Here's the exact wording from the HUD website (not copyrighted because it's written by a governmental agency), with the pertinent part bolded:

[SIZE=2]Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).[/SIZE]

If you, the landlord, do not qualify for one of the exemptions (found here on the Department of Justice website), you are, indeed, discriminating and you are in violation of Fair Housing Laws, which is not a good position to be in legally.

Now, the advertiser in question might have fallen into one of the exemptions, except for this:

Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title;(emphasis mine)

So, the ad in and of itself means that the landlord does not qualify for the exemption.
Good posts. Don't you just love seeing all these posts from people assuring the other members of the list that illegal practices are legal?
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Old 01-14-2010, 03:18 PM
 
Location: Planet Earth
1,084 posts, read 3,288,274 times
Reputation: 857
It may be true that you can't discriminate based on familial status but have fun proving I didn't let you in because of it. I'm sure one could find numerous reasons not to let someone in. Just sayin'
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Old 01-14-2010, 03:40 PM
 
4,399 posts, read 10,671,195 times
Reputation: 2383
Quote:
Originally Posted by ZenMaster2008 View Post
It may be true that you can't discriminate based on familial status but have fun proving I didn't let you in because of it. I'm sure one could find numerous reasons not to let someone in. Just sayin'
Well if you list in the ad No small children(like in the OP) I say thats pretty good proof.
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Old 01-14-2010, 03:56 PM
 
271 posts, read 785,474 times
Reputation: 170
Ya it did say "no small children." I e-mailed them and asked about it and they didn't even address it in their response. They just said it has been rented.
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Old 01-14-2010, 04:53 PM
 
271 posts, read 785,474 times
Reputation: 170
Oh and if you want to see for yourself, put "2503 winchester killeen no small children" in google and you will see it in the first result. The posting has been deleted off of craigslist but you can still see the description on google.
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