Real Estate Continuing Education Deadline is October 31!

 

It’s time again for all of us licensed Michigan real estate salespersons and brokers to renew our licenses since 2015 is a license renewal year.

According to the Michigan Department of Licensing and Regulatory Affairs (LARA), a licensee must complete at least 18 clock hours of continuing education per 3-year license cycle before the licensee can renew his or her real estate license.   Licensees must certify they have completed the required continuing education on their license renewal application.  The current real estate licensing cycle ends on October 31, 2015, which means that every real estate agent and broker needs to complete 18 hours of real estate con ed on or before October 31.

Remember that a minimum of 6 hours must involve law, rules, and court cases regarding real estate, although you can take more than the minimum since all law/legal update hours count towards the ultimate goal of 18 hours of continuing education credit.

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Let 1 Stop ConEd LLC (www.1StopConEd.com) help you get your hours from the comfort or your home of office.   There is no longer any reason to sit in a conference room for hours to complete your mandatory Michigan real estate continuing hours, when 1 Stop ConEd LLC provides interesting and informative home study courses that you can complete on your own schedule and from anywhere.

1 Stop ConEd LLC is a Michigan company that specializes in Michigan real estate continuing education courses.

1 Stop ConEd LLC will also save your Certificate of Completion for you, so if for any reason you misplace your certificate, just let us know and we’ll send you a new one.   Additionally, all of our courses fully and completely comply with LARA’s requirements for real estate continuing education course credit.  Our courses were prepared by licensed Michigan attorneys, who are also licensed Michigan real estate brokers, to ensure adherence to LARA’s regulations.  We absolutely guarantee that you will receive credit for any course you complete with us should you receive an audit letter from LARA.

Find 1 Stop ConEd LLC at www.1StopConEd.com. 

Less Than 2 Weeks Left To Get Your Real Estate Con Ed!

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The Deadline is October 31!

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Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act

The goal of the Fair Housing Act is to ensure “no person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real-estate related transactions.” With respect to people with disabilities, the Act serves to:

• Give people with disabilities opportunities to choose where they want to live;

• Assure that reasonable accommodations and reasonable modifications are made so that a person with a disability can secure and use housing as fully as a person without a disability.

• Assure that persons with disabilities are able to live free from intimidation and harassment; and

• Require that multi-family housing built for first occupancy after March 13, 1991, has certain accessible features (e.g., a usable kitchen for a person who uses a wheelchair).

The Fair Housing Act prohibits housing providers from discriminating against applicants or residents because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of their disability. The Act also prohibits housing providers from refusing residency to persons with disabilities, or, with some narrow exceptions, placing conditions on their residency, because those persons may require reasonable modifications or reasonable accommodations.

With respect to reasonable accommodations and reasonable modifications:

• The Act makes it unlawful for any person to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford . . . person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.”

• The Act makes it unlawful for any person to refuse “to permit, at the expense of the [disabled] person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.”

It is important for all real estate professionals to remember that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

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To learn more about Fair Housing issues (and many other real estate topics), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Energy, Labor & Economic Growth.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Michigan Laws Related to Mold

Are there laws in the State of Michigan related to mold issues?

It might seem surprising, but the State of Michigan does not have laws that require anyone to cleanup, remove, or report mold in any indoor environment. Also, the State of Michigan does not have a program to address issues related to mold, other than to provide people basic information about mold clean-up. Moreover, the State of Michigan does not certify or license contractors for mold removal.

However, laws do exist that cover certain situations that involve indoor mold. The following is a list government agencies that may be able to provide guidance if your house or apartment has indoor mold.

Landlord and tenant relationships: If a tenant is renting an apartment or house, that person has the right to expect certain minimum standards referred to as "warranties of habitability" that provide minimum standards of decent, safe, sanitary housing specified in the state or local housing code. For more information on landlord-tenant relationships go to: http://www.tenant.net/Other_Areas/Michigan/index.html.

Fraud in mold remediation companies: If you believe you are a victim of fraudulent business practices from a company involved in mold remediation, contact: Michigan Attorney General's Office, Michigan Consumer Protection Division, P.O. Box 30213-7713, Lansing, MI 48909, (517) 373-1140

Legal issues related to new home construction and mold: If you have questions about laws regarding new housing construction and contractors actions related to mold, contact: Michigan Department of Labor & Economic Growth, Bureau of Commercial Services/Enforcement Division, P.O. Box 30018, Lansing MI 48909, (517) 241-9202

For more information on mold:

• Michigan Department of Community Health Toxics and Health hotline and website: 1-800-648-6942, www.michigan.gov/mdch-toxics
• Your local public health department, find it at http://www.malph.org/page.cfm/108/
• Centers for Disease Control: http://www.cdc.gov/mold/
• National Center for Housing and the Environment: http://www.stopmold.org/

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To learn more about a variety of real estate topics, please visit us at www.123ConEd.com. We are a leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online.

Copyright © 123 ConEd LLC 2009. All rights reserved.

List of Activities that Assistants (Who are Not Licensed Real Estate Salespersons) Can Perform in Michigan

Each year, Michigan real estate professionals make dozens of phone calls to the Michigan Department of Labor & Economic Growth ("DLEG") requesting information about activities that an unlicensed individual may perform. In an effort to provide guidance and to help reduce a broker's exposure to potential risk in the utilization of unlicensed assistants, the DLEG published a list of guidelines, which were modeled after an article written by Tom Kotzian (Macomb County Association of Realtors) and approved by Ann Millben (Licensing Administrator for Real Estate for the DLEG).

Here are the guidelines provided by the DLEG:

Unlicensed Assistants MAY:

• Assist licensees during an open house, performing the following functions as a "host" or "hostess"
  • Open the door and greet prospects as they arrive at the open house
  • Hand out prepared printed material
  • Have prospects sign a register (guest book) to record names, addresses and phone numbers for the listing
  • Accompany prospects through the home for security purposes (only the licensee should answer any questions pertaining to the material aspects of the house or its price and terms)
• Perform strictly clerical tasks
• Function as a courier in picking up or delivering documents on behalf of the employing licensee
• Note: Keys should not be given to unlicensed persons for the purpose of showing a listed property. Brokers are responsible for the properties in their listing inventory and should only give a key to a licensee who is able to show proper I.D. (e.g., valid pocket card and driver's license with photo)

Unlicensed Assistants MAY NOT:

• Independently show or demonstrate property to prospective buyers
• Make cold calls by telephone or in person to potential listers, purchasers, tenants or landlords
• Answer any questions on title insurance, financing or closings
• Independently hold open houses for brokers, or staff booths in home shows or fairs
• Solicit business through telephone prospecting
• Give additional information not included in prepared written promotional material that has been distributed to the public (e.g., newspaper ads, flyers, brochures)
• Represent themselves as an agent for a real estate broker or the owner/seller of property
• Have their name printed on business cards or stationery that would imply they are an agent for the real estate broker
• Conduct telephone solicitation calls. For example, if John Doe, an unlicensed assistant, calls and indicates he represents ABC Realty, one is led to believe the purpose of the call is to engage in real estate activities. The definition of broker and salesperson in the Occupational Code includes one who "lists or attempts to list." Therefore, a call by an unlicensed assistant identifying him or herself as a "representative" of a real estate company is an attempt to list even if specific terms are not discussed at that time.
• Perform any of the acts for which a license is required under Michigan Real Estate License Law. See M.C.L.A. 339.2501 et seq.)

Licensees who violate State license law by allowing unlicensed assistants to practice real estate on their behalf subject themselves to one or more of the following penalties:

• Placement of a limitation on the license
• Suspension of license
• Denial of license renewal
• Revocation of license
• A civil fine not to exceed $10,000 per offense
• Censure
• Probation
• Restitution.

(M.C.L.A. 339.602)

Brokers and managers must also be aware of their liability in allowing licensees to employ unlicensed assistants. Factors such as worker's compensation laws, agency law, income tax reporting and withholding requirements, sexual harassment, employment discrimination and a myriad of state and federal employment statutes must be carefully reviewed when allowing licensees to hire unlicensed assistants.

Brokers need to remember that they are responsible for the acts of their licensed salespersons and associate brokers and "shall not contract with an individual who is licensed to the broker so as to lose the authority to supervise the licensee." M.C.L.A. 339.22325. It is, therefore, the broker's responsibility to supervise all personnel acting under the scope of the broker's authority.

Brokers need to consider these issues when writing independent contracts with their salespersons and associate brokers. It is recommended that, prior to drafting any independent contract section on this subject, brokers consult with an attorney who is knowledgeable in employment discrimination and related employment laws. Good research and preparation will help avoid many of the problems addressed in this posting.

For more information or answers to specific questions, you should contact the DLEG directly by calling (517) 241-9288.

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Examples of Discriminatory Advertisements

Although not an exhaustive list, these examples should give you some idea of what might constitute a discriminatory housing advertisement under fair housing laws. Most of these examples are obvious and should come as no surprise, but it never hurts to have a short refresher on this important topic.

1. Race/Color

• Ads stating a preference for the race of a desired applicant (e.g., “no blacks,” “whites only,” etc.)

• Ads describing the race of current occupants of the complex or neighborhood (e.g., “African-American neighborhood,” “most residents are Asian,” “lots of Hispanic families,” etc.)

2. Religion

• Ads stating a preference for the religion of a desired applicant (e.g., “Christians only,” “no Muslims,” etc.)

• Ads describing the religion of current occupants of the complex or neighborhood (e.g., “nice, Christian neighborhood,” “Jewish family seeks roommate,” etc.)

3. National Origin

• Ads stating a preference for a certain national origin (e.g., “no immigrants,” “no foreigners,” “Irish preferred,” etc.)

• Ads posted only in a language other than English

• Ads describing the national origin of current occupants of the complex or neighborhood (e.g., “predominately Latino neighborhood,” “mostly Asian residents,” etc.)

4. Handicap/Disability

• Ads stating a preference for able-bodied tenants (e.g., “no wheelchairs,” “must be able to live independently,” etc.)

• Ads describing the complex as unable to accommodate people with disabilities (e.g., “units are not accessible”, “no pets, even seeing eye dogs”, etc.)

5. Familial Status

• Ads stating a clear preference for families without children (e.g., “no children,” “no kids and no pets,” “single occupancy only,” etc.)

• Ads that could discourage families with children (e.g., “ideal for working professionals,” “perfect for single or couple,” “nice, quiet, mature, neighborhood,” etc.)

6. Sex/Gender

• Ads stating a preference for one sex over another (e.g., “no young men,” “female preferred,” etc.)

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

What should I consider before running ads with human models?

Fair housing laws apply to all types of advertising and marketing used in home sales and purchases, including ads in newspapers, on the radio, in magazines, on the Internet, on television, on flyers, even in comments for a listing in the Multiple Listing Service. But what should you consider before running ads with human models?

Selective advertising may involve an advertising campaign using human models primarily in media that cater to one racial or national origin segment of the population without a complementary advertising campaign that is directed at other groups. Another example may involve use of racially mixed models by a developer to advertise one development and not others. Similar care must be exercised in advertising in publications or other media directed at one particular sex, or at persons without children. Such selective advertising may involve the use of human models of members of only one sex, or of adults only, in displays, photographs or drawings to indicate preferences for one sex or the other, or for adults to the exclusion of children.

Avoid using pictures or images that show preference or discourage people because of their protected class. If you use advertising with photographs or drawings of people, try to show men, women, children, people with disabilities, and people of all races, nationalities and ages in a way that reflects the population as a whole. A series of newspaper ads run over a period of weeks using only white models could be found to be a violation of fair housing laws.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Who qualifies as a person with a disability under the Fair Housing Act?

The following is a summary of what it takes to qualify as a "person with a disability" under the Fair Housing Act.

The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment. The Act defines certain terms as follows:

The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV) infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

The term “substantially limits” suggests that the limitation is “significant” or “to a large degree.”

The term “major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking. This list of major life activities is not exhaustive.

It's important for all real estate professionals to remember that the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act

The goal of the Fair Housing Act is to ensure “no person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real-estate related transactions.” With respect to people with disabilities, the Act serves to:

• Give people with disabilities opportunities to choose where they want to live;

• Assure that reasonable accommodations and reasonable modifications are made so that a person with a disability can secure and use housing as fully as a person without a disability.

• Assure that persons with disabilities are able to live free from intimidation and harassment; and

• Require that multi-family housing built for first occupancy after March 13, 1991, has certain accessible features (e.g., a usable kitchen for a person who uses a wheelchair).

The Fair Housing Act prohibits housing providers from discriminating against applicants or residents because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of their disability. The Act also prohibits housing providers from refusing residency to persons with disabilities, or, with some narrow exceptions, placing conditions on their residency, because those persons may require reasonable modifications or reasonable accommodations.

With respect to reasonable accommodations and reasonable modifications:

• The Act makes it unlawful for any person to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford . . . person(s) [with disabilities] equal opportunity to use and enjoy a dwelling."

• The Act makes it unlawful for any person to refuse “to permit, at the expense of the [disabled] person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.”

********************************************

To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Department of Justice Sues a Large Multi-Family Housing Developer Alleging Disability-Based Housing Discrimination

Here is another example of a lawsuit that was recently filed by the United States Department of Justice ("DOJ") to enforce the Fair Housing Act. I try to post summaries of these types of cases in order to provide timely updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.

On March 4, 2009), the DOJ filed a lawsuit against JPI Construction L.P. (“JPI”) and six JPI-affiliated companies for failing to provide accessible features required by the Fair Housing Act and the Americans with Disabilities Act at multi-family housing developments.

Since 1991, when the Fair Housing Act first required most new multi-family housing to contain accessible features, JPI and its affiliates have built more than 200 apartment, condominium and other housing complexes in twenty-six states and the District of Columbia.

According to the DOJ’s complaint, the defendants failed to design and construct accessible dwelling units and public and common use areas at several of its complexes that are located in various states throughout the country. According to the complaint, certain complexes designed and constructed by the defendants have inaccessible steps and curbs leading to units, steeply sloped routes leading to units, and no accessible routes to site amenities, including inaccessible trash facilities, barbecue grills and cookout tables. In addition, certain housing units have narrow doors and hallways; kitchens that lack accessible clear floor space at the sinks, ranges and refrigerators; bathrooms that lack accessible clear floor space at the toilets and tubs; and thermostats that are mounted too high to be accessible to a person using a wheelchair. The lawsuit filed by the DOJ is an allegation of unlawful conduct, and the allegations must still be proven in court.

The lawsuit seeks money damages to compensate victims and a civil penalty to be paid to the government. The lawsuit also seeks a court order requiring the defendants to modify the complexes to bring them into compliance with federal laws. This case is currently pending in the United States District Court for the Northern District of Texas.

As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. This case demonstrates that failing to design and construct multi-family housing with basic features of accessibility can lead to a violation of fair housing laws.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

In the wake of the attacks of September 11, 2001, is it okay to screen housing applicants on the basis of their citizenship status?

The question often arises whether is it okay to screen housing applicants on the basis of their citizenship status. This question seems to have come up more often in the wake of the attacks of September 11, 2001.

The Fair Housing Act does not prohibit discrimination based solely on a person's citizenship status. Accordingly, asking housing applicants to provide documentation of their citizenship or immigration status during the screening process would not violate the Fair Housing Act. In fact, such measures have been in place for a number of years in screening applicants for federally-assisted housing. For these properties, HUD regulations define what kind of documents are considered acceptable evidence of citizenship or eligible immigration status and outline the process for collecting and verifying such documents. These procedures are uniformly applied to every applicant. Landlords who are considering implementing similar measures must make sure they are carried out in a nondiscriminatory fashion.

It is important to keep in mind that it is still unlawful to screen housing applicants on the basis of race, color, religion, sex, national origin, disability, or familial status, since those are protected classes under the Fair Housing Act.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Some Examples of Discriminatory Advertisements in Real Estate

As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Fair housing laws prohibit making, printing or publishing any notice, statement, or advertisement that indicates any preference, limitation, or discrimination based on a protected class.

Although not an exhaustive list, the following are a few examples of what might constitute a discriminatory housing advertisement.

1. Race/Color

• Ads stating a preference for the race of a desired applicant (e.g., “no blacks,” “whites only,” etc.)

• Ads describing the race of current occupants of the complex or neighborhood (e.g., “African-American neighborhood,” “most residents are Asian,” “lots of Hispanic families,” etc.)

2. Religion

• Ads stating a preference for the religion of a desired applicant (e.g., “Christians only,” “no Muslims,” etc.)

• Ads describing the religion of current occupants of the complex or neighborhood (e.g., “nice, Christian neighborhood,” “Jewish family seeks roommate,” etc.)

3. National Origin

• Ads stating a preference for a certain national origin (e.g., “no immigrants,” “no foreigners,” “Irish preferred,” etc.)

• Ads posted only in a language other than English

• Ads describing the national origin of current occupants of the complex or neighborhood (e.g., “predominately Latino neighborhood,” “mostly Asian residents,” etc.)

4. Handicap/Disability

• Ads stating a preference for able-bodied tenants (e.g., “no wheelchairs,” “must be able to live independently,” etc.)

• Ads describing the complex as unable to accommodate people with disabilities (e.g., “units are not accessible”, “no pets, even seeing eye dogs”, etc.)

5. Familial Status

• Ads stating a clear preference for families without children (e.g., “no children,” “no kids and no pets,” “single occupancy only,” etc.)

• Ads that could discourage families with children (e.g., “ideal for working professionals,” “perfect for single or couple,” “nice, quiet, mature, neighborhood,” etc.)

6. Sex/Gender

• Ads stating a preference for one sex over another (e.g., “no young men,” “female preferred,” etc.)

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Requirements for Using Fair Housing Logos and Posters

Using the fair housing logo is a great way to show a commitment to fair housing. Many housing providers use the Equal Housing Opportunity logo in their ads and on their written materials to show that they do business in compliance with fair housing laws.

HUD requires that owners and managers display a fair housing poster with its logo at rental offices. This applies to rentals covered by the federal Fair Housing Act, and to dwellings rented through a real estate broker/agent. See 24 C.F.R. §§ 110.1 – 110.30.

Who Is Required to Display a Fair Housing Poster?

HUD’s regulations require the following:

• If a single-family dwelling (one that is not being offered for sale or rental in conjunction with the sale or rental of other dwellings) is offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings, such person must post and maintain a fair housing poster at any place of business where the dwelling is offered for sale or rental. 24 C.F.R. § 110.10(a)(1).

• With respect to all other dwellings covered by the Fair Housing Act, a fair housing poster must be posted and maintained at:

o Any place of business where the dwelling is offered for sale or rental, and

o The dwelling (except that with respect to a single-family dwelling that is being offered for sale or rental in conjunction with the sale or rental of other dwellings, the fair housing poster may be posted and maintained at the model dwellings instead of at each of the individual dwellings). 24 C.F.R. § 110.10(a)(2).

• With respect to new construction, the fair housing poster must be posted at the beginning of construction and maintained throughout the period of construction and sale or rental. 24 C.F.R. § 110.10(a)(3).

• HUD does not require the posting and maintaining a fair housing poster on vacant land. 24 C.F.R. § 110.10(b)(1).

• All real estate brokers and agents must post and maintain a fair housing poster at all of their places of business. 24 C.F.R. § 110.10(c).

Location of Posters

All fair housing posters must be prominently displayed “so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate-related transactions or brokerage services.” C.F.R. § 110.15.

Availability of Posters

Fair housing posters can be obtained from HUD’s regional and area offices. A facsimile may be used if the poster and the lettering are equivalent in size and legibility to the poster available from HUD. 24 C.F.R. § 110.20.

Effect of Failure to Display Poster

Any person who claims to have been injured by a discriminatory housing practice may file a complaint with HUD. And consistent with that, a failure to display the fair housing poster as required by this part shall be deemed prima facie evidence of a discriminatory housing practice. 24 C.F.R. § 110.30

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

A Housing Provider Can't Condition Approval of a Request for a Reasonable Modification on the Requester Obtaining Special Liability Insurance

The question often arises whether a housing provider or homeowner’s association may condition the approval of a request for a reasonable modification (under the Fair Housing Act) on the requester obtaining special liability insurance.

The answer is, no. Imposition of such a requirement would constitute a violation of the Fair Housing Act.

For Example: Because of a mobility disability, a tenant wants to install a ramp outside his unit. The housing provider informs the tenant that the ramp may be installed, but only after the tenant obtains separate liability insurance for the ramp out of concern for the housing provider’s potential liability. The housing provider may not impose a requirement of liability insurance as a condition of approval of the ramp.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

How Does A Housing Provider Know If An Accommodation Or Modification Request Is “Reasonable”? When Can The Housing Provider Refuse A Request?

Under the Fair Housing Act, a person with a disability may be entitled to a reasonable accommodation or modification. A reasonable modification is a structural change made to the premises whereas a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. A person with a disability may need either a reasonable accommodation or a reasonable modification, or both, in order to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.

An accommodation or modification is reasonable if:

• It is related to the resident’s disability needs;
• Is not an undue administrative and financial burden for the housing provider;
• Does not fundamentally alter the nature of the provider’s operations.

Undue Burden: The request must not impose an undue financial and administrative burden on the housing provider. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.

Example: An applicant who uses a walker prefers a third-story rental in an older walk-up building – the housing provider does not have to install an elevator if such a modification is cost-prohibitive.

Fundamental Alteration: The requested accommodation or modification must not require the housing provider to make a fundamental alteration in the essential nature of the provider’s operations.

Example: A resident with a disability cannot do his own housekeeping and the housing provider does not supply housekeeping for residents. A request for such services is not reasonable.

Refusing a Request: When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether an alternative accommodation would effectively address the person’s disability-related needs. If an alternative accommodation would effectively meet the person’s needs and is reasonable, the provider must grant it.

A failure to reach an agreement on an accommodation request is in effect a decision by the housing provider not to grant the requested accommodation. Someone who was denied an accommodation may file a fair housing complaint to challenge that decision.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Instances When a Housing Provider Can Deny a Request for a Reasonable Accommodation Without Violating the Fair Housing Act

A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable (i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider’s operations). The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.

When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester’s disability-related needs without a fundamental alteration to the provider’s operations and without imposing an undue financial and administrative burden. If an alternative accommodation would effectively meet the requester’s disability-related needs and is reasonable, the provider must grant it. An interactive process in which the housing provider and the requester discuss the requester’s disability-related need for the requested accommodation and possible alternative accommodations is helpful to all concerned because it often results in an effective accommodation for the requester that does not pose an undue financial and administrative burden for the provider.

Example: As a result of a disability, a tenant is physically unable to open the dumpster placed in the parking lot by his housing provider for trash collection. The tenant requests that the housing provider send a maintenance staff person to his apartment on a daily basis to collect his trash and take it to the dumpster. Because the housing development is a small operation with limited financial resources and the maintenance staff are on site only twice per week, it may be an undue financial and administrative burden for the housing provider to grant the requested daily trash pick-up service. Accordingly, the requested accommodation may not be reasonable. If the housing provider denies the requested accommodation as unreasonable, the housing provider should discuss with the tenant whether reasonable accommodations could be provided to meet the tenant’s disability-related needs – for instance, placing an open trash collection can in a location that is readily accessible to the tenant so the tenant can dispose of his own trash and the provider’s maintenance staff can then transfer the trash to the dumpster when they are on site. Such an accommodation would not involve a fundamental alteration of the provider’s operations and would involve little financial and administrative burden for the provider while accommodating the tenant’s disability-related needs.

There may be instances where a housing provider believes that, while the accommodation requested by an individual is reasonable, there is an alternative accommodation that would be equally effective in meeting the individual’s disability-related needs. In such a circumstance, the housing provider should discuss with the individual if she is willing to accept the alternative accommodation. However, providers should be aware that persons with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability, and an individual is not obligated to accept an alternative accommodation suggested by the provider if she believes it will not meet her needs and her preferred accommodation is reasonable.

When in doubt about whether you can rightfully deny a request for a reasonable accommodation, you should contact your local fair housing office, HUD, or an attorney.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

A Few Exceptions to the Fair Housing Act

The Fair Housing Act applies to all housing transactions (unless exempted by law, see below). Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning or other land-use decisions.

Most types of housing properties are covered – leased or rented apartments; houses or condominiums that are sold, leased or rented; rooming houses; cooperatives; temporary shelters; mobile home parks; construction sites; and even empty lots. If you are uncertain whether a property is covered, contact any local fair housing agency and ask.

There are a few specific exceptions to the Fair Housing Act. The Act does not apply to:

• A religious organization may give preference to persons of the same religion (unless restricted on account of race, color or national origin) in non-commercial transactions;

• A private club may provide lodgings for members in non-commercial transactions;

• An owner who owns four units or less and lives in one unit;

• A private individual owner who does not own more than three single family houses, if the owner does not use the services of a broker, and if the owner does not use discriminatory advertising, and if the owner has not participated in three or more rental or sales transactions in a one year period;

• Housing for elders may exclude families with children. For example, housing may be designated for people ages 62 years or older only. Also housing that serves people age 55 and older, where 80% of the housing is occupied by at least one person who is 55 or older, is exempt

In addition, the Fair Housing Act does not protect juvenile offenders, sex offenders, persons who illegally use controlled substances, and persons with disabilities who pose a significant danger to others. For more information about that topic, please see previous blog posting.

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To learn more about Fair Housing issues in Michigan (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

The Fair Housing Act Does Not Protect . . .

As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

What many agents tend to forget, however, is that the Act does not protect juvenile offenders, sex offenders, persons who illegally use controlled substances, and persons with disabilities who pose a significant danger to others.

Juvenile offenders and sex offenders, by virtue of that status, are not persons with disabilities protected by the Fair Housing Act. Similarly, while the Act does protect persons who are recovering from substance abuse, it does not protect persons who are currently engaging in the current illegal use of controlled substances.

Additionally, the Act does not protect an individual with a disability whose tenancy would constitute a “direct threat” to the health or safety of other individuals or result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by reasonable accommodation. For more complete information about what constitutes a "direct threat" under the Act, please see my previous blog posting on that topic.

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To learn more about Fair Housing issues in Michigan (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.