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Condo association turns away families, faces HUD charges

Without federal approval to be senior housing, no one may legally refuse to rent or sell a home to persons based on their familial status.

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fair housing violation against families

fair housing violation against families

Fair Housing Laws allegedly violated

According to the U.S. Department of Housing and Urban Development (HUD), a condominium association in Minnetonka, Minnesota, and its management company, Gassen Company, Inc. are being charged with violating the Fair Housing Act by discriminating against families with children under the age of 18. According to HUD’s charge, Greenbrier Village Condominium III Association allegedly maintained a policy prohibiting families with children under 18 from living in the building.

The Federal Fair Housing Act, established in 1968, is nothing new, and is required learning for most real estate licensees, including property management professionals. The original law protects civil rights in housing and prohibits housing providers, including condominium associations, from denying housing to anyone based on \a person’s national origin, sex, race, religion, or color. In 1988, disability (codified by the ADA in 1990) and familial status were both included, many states and local communities also have also included members of the military as a protected class, and now, the National Association of Realtors has amended the Code of Ethics to include protections for all sexual orientations. HUD, along with all HUD insured housing likewise announced that they will not discriminate against actual or perceived sexually identity, or orientation.

Some communities may meet the federal standards to be housing for older persons, but it may not be arbitrarily decided by an association without going through the federal process. Families may not be turned away from condo living simply because they have children.

“HUD will continue to take action”

“Condo associations that don’t meet federal requirements as housing for older persons don’t have the right to turn away families with children,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity, the Office charged with enforcing the Fair Housing Act. “HUD will continue to take action against homeowners associations that violate the Fair Housing Act by imposing restrictive residency policies.”

HUD’s charge alleges that the condominium association’s residency policy, which stated that “no apartment may be sold, leased or rented to any person who has a child under the age of 18,” prevented the owner of a condominium at Greenbrier Village from leasing the unit to several families with children, including a couple on whose behalf the charge was issued.

HUD’s charge will be heard by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds after a hearing that discrimination has occurred, he may award damages to those persons injured by the discrimination. In addition, the judge may impose a penalty of up to $16,000 to vindicate the public interest. The judge may also order injunctive and other equitable relief to deter further discrimination, as well as payment of attorney fees. If the matter is decided in federal court, the judge may also award punitive damages to aggrieved persons.

Tara Steele is the News Director at The American Genius, covering entrepreneur, real estate, technology news and everything in between. If you'd like to reach Tara with a question, comment, press release or hot news tip, simply click the link below.

Austin

Austin tops the list of best places to buy a home

When looking to buy a home, taking the long view is important before making such a huge investment – where are the best places to make that commitment?

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Looking at the bigger picture

(REALUOSO.COM) – Let us first express that although we are completely biased about Texas (we’re headquartered here, I personally grew up here), the data is not – Texas is the best. That’s a scientific fact. There’s a running joke in Austin that if there is a list of “best places to [anything],” we’re on it, and the joke causes eye rolls instead of humility (we’re sore winners and sore losers in this town).

That said, SelfStorage.com dug into the data and determined that the top 12 places to buy a home are currently Texas and North Carolina (and Portland, I guess you’re okay too or whatever).

They examined the nerdiest of numbers from the compound annual growth rate in inflation-adjusted GDP to cost premium, affordability, taxes, job growth, and housing availability.

“Buying a house is a big decision and a big commitment,” the company notes. “Although U.S. home prices have risen in the long term, the last decade has shown that path is sometimes full of twists, turns, dizzying heights and steep, abrupt falls. Today, home prices are stabilizing and increasing in most areas of the U.S.”

Click here to continue reading the list of the 12 best places to buy a home…

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Housing News

Average age of houses on the rise, so is it now better or worse to buy new?

With aging housing in America, are first-time buyers better off buying new or existing homes? The average age of a home is rising, as is the price of new housing, so a shift could be upon us.

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aging housing inventory

The average home age is higher than ever

(REALUOSO.COM) – In a survey from the Department of Housing and Urban Development American Housing Survey (AHS), the median age of homes in the United States was 35 years old. In Texas, homes are a bit younger with the median age between 19 – 29 years. The northeast has the oldest homes, with the median age between 50 – 61 years. In 1985, the median age of a home was only 23 years.

With more houses around 40 years old, the National Association of Realtors asserts that homeowners will have to undertake remodeling and renovation projects before selling unless the home is sold as-is, in which case the buyer will be responsible to update their new residence. Even homeowners who aren’t selling will need to consider remodeling for structural and aesthetic reasons.

Prices of new homes on the rise

Newer homes cost more than they used to. The price differential between new homes and older homes has increased from 10 percent traditionally to around 37 percent in 2014. This is due to rising construction costs, scarcity of lots, and a low inventory of new homes that doesn’t meet the demand.

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Housing News

Are Realtors the real loser in the fight between Zillow Group and Move, Inc.?

The last year has been one of dramatic and rapid change in the real estate tech sector, but Realtors are vulnerable, and we’re worried.

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zillow move

Why Realtors are vulnerable to these rapid changes

(REALUOSO.COM) – Corporate warfare demands headlines in every industry, but in the real estate tech sector, a storm has been brewing for years, which in the last year has come to a head. Zillow Group and Move, Inc. (which is owned by News Corp. and operates ListHub, Realtor.com, TopProducer, and other brands) have been competing for a decade now, and the race has appeared to be an aggressive yet polite boxing match. Last year, the gloves came off, and now, they’ve drawn swords and appear to want blood.

Note: We’ll let you decide which company plays which role in the image above.

So how then, does any of this make Realtors the victims of this sword fight? Let’s get everyone up to speed, and then we’ll discuss.

1. Zillow poaches top talent, Move/NAR sues

It all started last year when the gloves came off – Move’s Chief Strategy Officer (who was also Realtor.com’s President), Errol Samuelson jumped ship and joined Zillow on the same day he phoned in his resignation without notice. He left under questionable circumstances, which has led to a lengthy legal battle (wherein Move and NAR have sued Zillow and Samuelson over allegations of breach of contract, breach of fiduciary duty, and misappropriation of trade secrets), with the most recent motion being for contempt, which a judge granted to Move/NAR after the mysterious “Samuelson Memo” surfaced.

Salt was added to the wound when Move awarded Samuelson’s job to Move veteran, Curt Beardsley, who days after Samuelson left, also defected to Zillow. This too led to a lawsuit, with allegations including breach of contract, violation of corporations code, illegal dumping of stocks, and Move has sought restitution. These charges are extremely serious, but demanded slightly less attention than the ongoing lawsuit against Samuelson.

2. Two major media brands emerge

Last fall, the News Corp. acquisition of Move, Inc. was given the green light by the feds, and this month, Zillow finalized their acquisition of Trulia.

…Click here to continue reading this story…

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