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It is your property

by Kim Cooper
| April 26, 2015 9:00 PM

So you will do whatever you want with it. Use it the way you want, build what you want and allow whomever you want to rent it or buy it. In fact, if you decide to rent it or sell it you will not do so if you do not agree with the views or culture of the parties who want it.

Of course you all know that these statements are not true. Cities and counties have laws about how you can use your property or what you can build on it. They even charge fees for a variety of uses or to build. With regard to who you rent or sell to - the federal government even gets involved.

April is fair housing month so it is time to re-introduce you to the Fair Housing Act of 1968. The act; "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 disability."

In some circumstances, the act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. Housing for older persons is exempt from the prohibition against familial status discrimination if:

* The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or

* It is occupied solely by persons who are 62 or older or

* It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

If you are a landlord, you may be required to allow disabled persons to modify the premises to accommodate that disability. Even so, they will do that at their expense.

If you have a strict, no pets policy, you will need to make exceptions for folks who use service dogs. An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near their apartment if necessary to assure that they can have access to their apartment.

Real estate brokers monitor their agents' advertising carefully to make sure no discriminatory language is contained in them and with good cause. The fine for a first offense in Fair Housing violations is now $16,000. Any slip in advertised language could spur a complaint and the department of Housing and Urban Development will gladly pursue action against suspected landlords or agents who violate the act.

If you remember that every person of every color, religion, ability and belief is equal under the eyes of the law, you should not run into problems. Letting personal biases - like we often see in the letters to the editor in this paper - affect your decisions on housing can be very costly.

Trust an expert...call a Realtor. Call your Realtor or visit www.cdarealtors.com to search properties on the Multiple Listing Service or to find a Realtor member who will represent your best interests.

Kim Cooper is a real estate broker and the spokesman for the Coeur d'Alene Association of Realtors. Kim and the association invite your feedback and input for this column. You may contact them by writing to the Coeur d'Alene Association of Realtors, 409 W. Neider, Coeur d'Alene, ID 83815 or by calling (208) 667-0664.