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Updated almost 7 years ago on . Most recent reply

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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
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1,569
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Fair Housing Landlord Exemptions

Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Posted

Please answer only if you KNOW the answer to the question, meaning you are probably an attorney who specializes in this area or you have significant Fair Housing expertise or experience.

In reference to 42 USC Section 3603(b) provisions that exemptions otherwise available (such as for an individual who owns 3 or fewer SFRs) do not apply if the landlord uses the services of a real estate, or someone in the business of buying or renting real estate.  There is a definition for "in the business" that is not relevant to my question.

Here is my question:  What if Larry Landlord owns one single family residence in his own personal name. For that property, he clearly falls into the exemption.  Suppose Larry finds tenants on his own, and then hands off management to a real estate agent or someone in the business of renting properties.  Does the exemption continue until he hands off, and then it ceases to exist for future situations, such as a post-lease reasonable accommodation request?  I think that is what happens, but I can't find any law on this. Can anyone help?  I am updating a class that I teach, and I KNOW someone will eventually ask me this question.

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