Fair Housing For All It s The Law!

Fair Housing For All It s The Law! About The Fair Housing Act What and who is covered under Fair Housing Laws? The Fair Housing Act is a federal law, which covers most housing in the United States. States and cities jurisdictions provide additional protection under local laws as well. Courts have applied the Act to property management companies, property owners, real estate agents, home owners associations, private housing providers; private individuals who interfere with protected rights, publishers and condominium associations. State and local laws often extend these protected classes to include such characteristics as sexual preference, age, and even student status. The Department of Justice (DOJ) and the Department of Housing and Urban Development (HUD) are jointly responsible for enforcing the federal Fair Housing Act. Both have three important jobs: Enforcing the Federal Fair Housing Act Educating the nation about the Act Assuring that the federal government s housing and community development programs including its own do not discriminate or increase segregation Consumers have one year to file a fair housing complaint Seven Groups Protected These seven groups are considered protected classes under the act and its amendments. "Protected classes" mean the categories of discrimination that are covered by the law. Race, Color, Sex, National Origin, Family Status, Disabilities, or Religion Act... prohibits landlords, real estate agents, home sellers, and banks from discriminating against people based on certain characteristics in the sale or rental of housing. What Fair Housing Laws Require of You There are two federal laws that you must follow, the Civil Rights Act, which specifically prohibits discrimination based on race; and the Fair Housing Act, which prohibits landlords from discriminating against prospective tenants because of race, color, sex, national origin, family status (including families with children), disabilities, or religion. 1

Fair housing organizations uncover discrimination by sending "testers" apply to landlords for vacant rental properties. It is important to get expert legal help to defend a housing discrimination claim if a claim is every filed against you. What Is Prohibited? In the sale and rental of housing no one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap: Refuse to rent or sell housing Refuse to negotiate for housing Failing to accept or consider a bona fide offer Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately Make housing unavailable Deny a dwelling Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements Set different terms, conditions for sale or rental of a dwelling such as those relating to down payment and closing requirements Provide different housing services or facilities Falsely deny that housing is available for inspection, sale, or rental For profit, persuade owners to sell or rent (blockbusting) or Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing. In Mortgage Lending No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability): Refuse to make a mortgage loan Refuse to provide information regarding loans Impose different terms or conditions on a loan, such as different interest rates, points, or fees Discriminate in appraising property Refuse to purchase a loan Set different terms or conditions for purchasing a loan. Property Owner s and Manager s Responsibilities As a property owner or manager you have the responsibility and a requirement under the law not to discriminate in the rental property. You cannot instruct your agent to convey on your behalf any limitations in the rental because your agent is bound by the law not to discriminate. Agents are prohibited from complying with a request from the property owner or manager to act in a discriminatory manner in the lease or rental. Moreover, a property owner or manager cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap (disability), familial status or national original, provide different housing services or facilities, or deny any person access to or membership or participation in any organization facility or service. You can exercise personal choice in deciding who lives in the rental property, there are limits on the reasons for which you can excluded someone. 2

Renter s Rights As someone seeking to rent an apartment, home, or condo, renters have the right to expect that housing will be available to them without discrimination or other limitations based on one or more of the seven protected classes. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities and to be free from harassment or intimidation for exercising their fair housing rights. Discrimination Can Take Many Forms If the owner does not have a legitimate business reason for the rule, it may be found discriminatory. As a landlord, you can have discriminating taste, as long as your selection criteria are legal ones based on solid business reasons. If you turn down an applicant whom is a poor business risk, you are on safe ground. What Types Of Rental Housing Are Covered By The Fair Housing Law? The fair housing laws cover activities related to the sale, rental, or advertising of dwellings, the provision of brokerage services, or the availability of residential real estate-related transactions. Owners of rental property are exempt from the fair housing laws provided that the following conditions are met: The owner does not own or have any interest in more than three single-family houses at any one time The owner does not use a real estate broker, agent, or salesperson in renting the dwelling The owner occupies one of the units in a building intended to be occupied by not more than four families Property Management Evicting tenants or because of a tenant's guest Using different provisions in leases or agreements, such as those relating to rental charges, security deposits and the terms of a lease Failing or delaying maintenance or repairs of sale or rental dwellings Denying or limiting services or facilities in connection with rental of a dwelling, because a person failed or refused to provide sexual favors It shall be unlawful to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood or development. Discriminatory Representations on the Availability of Dwellings It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rental. Prohibited actions under this section include, but are not limited to: Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented Representing that covenants or other deed, trust or lease provisions which claim to restrict the sale or rental 3

Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale or rental Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing Steering Practices Prohibited actions: Unlawful steering practices, include, but are not limited to: Discouraging any person from inspecting, purchasing or renting a dwelling or because of the race, color, religion, sex, handicap, familial status, or national origin of persons in a community, neighborhood or development Discouraging the purchase or rental of a dwelling by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development. Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building Discriminatory Advertisements, Statements and Notices It shall be unlawful to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination. The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a dwelling. Discriminatory notices, statements and advertisements include, but are not limited to: Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of persons Expressing to agents, brokers, employees, prospective sellers or renters or any other persons a preference for or limitation on any purchaser or renter Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms Other Provisions Additional it is illegal for anyone to: Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right 4

Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act. Exemptions 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 A single-family house sold or rented by the owner, provided the owner does not own more than three such single family houses at one time and provided also that the sale or rental is not advertised in a discriminatory manner and is done without the services of a real estate agent, broker or sales person. If the seller does not live in the house at the time of the sale, or was not the most recent resident at the time of the sale, only one sale of such a single-family house within any 24-month period is exempted. Rentals and sales of certain dwellings of four or less units, such as when the owner maintains and actually lives in one of the units Rentals and sales of dwellings or lodgings owned or operated by a private club or a religious organization as an incident to its primary purpose and not operated for a commercial purpose. Club members may be given preference, or occupancy may be limited to members, provided club membership is open to all without regard to race, color, religion, etc. Reasonable governmental limitations on occupancy Certain housing for older persons, such as retirement housing communities where the units are all reserved for people age 62 and older If You Are Found Guilty Of Discrimination You Can Be Ordered If you practice discrimination, you will eventually be caught. In fair housing, you are assumed guilty until proven innocent. If you choose to disagree that you were discriminating and can t provide substantial evidence to the contrary, you will most likely be prosecuted. Penalties include: To compensate you for actual damages, including humiliation, pain and suffering To provide injunctive or other equitable relief, for example, to make the housing available to you To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation, second $37,000 and $65,000 for a third violation within seven years To pay reasonable attorney's fees and costs Civil penalty to the U.S. Treasury to vindicate the public interest, in an amount not exceeding $55,000 for a first violation of the Act and in an amount not exceeding $110,000 for any subsequent violation of the Act If you or the respondent chooses to have your case decided in Federal District Court, the Attorney General will file a suit and litigate it on your behalf. The District Court can order relief, and award actual damages, attorney's fees and costs. In addition, the court can award punitive damages. 5

Protected Groups Race/Color Discrimination Race refers to a group of people united or classified together based on a common history, nationality or geography. It includes all races, not just members of a racial minority. Racial groups include American Indian or Alaska Native, Asian, Native Hawaiian or Pacific Islander, Black or African American, and White. Bi-racial designations are also recognized. Race discrimination involves treating someone unfavorably because he/she is of a certain race or because of personal characteristics associated with race such as hair texture, skin color, or certain facial features. Color discrimination involves treating someone unfavorably because of skin color complexion. Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color. Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color. Sex Discrimination You cannot treat men and women differently. The laws against sex discrimination apply to all housing except: A home in which the landlord lives and rents out only one room Where the renters will be sharing a living space with the landlord Single-sex dormitories at colleges or other educational institutions Is it discrimination for someone to only rent to roommates of the same sex? The laws against sex discrimination do not apply to situations where the property owner/landlord and renters will share a living space. A property owner/landlord could legally decide to only rent the rooms in her house to women. Can you discriminate against someone for being transgender, lesbian, gay, bisexual, or having lots of tattoos? No. People who have changed their sex, through surgery or attire, are protected from discrimination. The Fair Housing Act, sexual discrimination includes SEXUAL HARASSMENT which is defined as deliberate or repeated unsolicited verbal comments, gestures, or physical contact that creates an offensive environment and sexual favors sought in return for housing. Sexual Harassment The law recognizes two types of sexual harassment: quid pro quo and hostile environment. Quid pro quo harassment is when someone demands sexual favors as a condition to your getting or keeping housing. Hostile environment harassment occurs when someone makes persistent or severe unwelcome sexual advances, such as lewd comments or touching. Both types of sexual harassment are illegal and apply to all office staff and maintenance people. 6

Some Examples of Discrimination If you are nice to me, I ll make sure you get the property/rental unit. Where s your husband? Isn t your income going to go down when you have children? I prefer to rent to women they are quieter. Hey, sexy lady, won t you come over to my place? You want your roof fixed? Well, all you have to do is go out on a date with me. I want to rent to a man so he ll be able to make any repairs himself. I ll let you pay your rent late if you come over for drinks with me. National Origin Discrimination Your national origin refers to your birthplace, ancestry, language, and/or customs. It is illegal to deny housing or treat someone differently in a housing transaction because: Of a person's name, appearance, accent, or participation in customs associated with a nationality If you incorrectly perceives the person as being associated with a particular nationality The person associates with people of a particular national origin Buyers nor tenants cannot be singled out or otherwise treated differently because they are foreign born, foreign-looking, have foreign-sounding names, or speak with an accent. Some typical examples of discrimination based on national origin include steering someone of a particular national origin to another section of the community, refusing to make repairs to units occupied by people of a particular national origin, or prohibiting or limiting someone s guests because of the national origin of the or his/her guests. Can you discriminate against people who do not speak English? No. However, there is no legal requirement for you to provide translation services. If a customer or client does not speak English, it is up to them to find someone to help him/her communicate with you. In order to be clear on what their rights and responsibilities are, consumers who do not speak fluent English should get help reading their rental agreement from a trusted family member or friend before they sign it. It is also good to prepare a list of names and phone numbers of translators to give to the consumer. It is not illegal to sale or rent to an undocumented individual; housing is different than employment laws. Anyone living in the United States has fair housing protections. If someone is living in the US illegally, they still have the right to file a fair housing complaint but may choose not to since the information will become public record. Any person calling the Fair Housing Council will receive confidential information and assistance. Familial Status Discrimination Familial status, families are defined as at least one child under the age of eighteen living with at least one parent or appointed guardian. Given this protection, you might wonder why so many landlords appear to get away with adopting and enforcing rules that single out children. 7

Familial status discrimination is a little different than other types of discrimination. There's never a legal justification for singling out people based on their race, national origin, or sex, for example. But it's okay for a landlord to single out children - if the landlord's rules are aimed at protecting children's health and safety, and if they're reasonable. This should come as no surprise, given that no one wants to see children hurt, and landlords who don't take steps to protect their tenants open themselves up to serious liability. So, how can you tell if your rental rule is legal? Just ask yourself these two questions: 1. Is the rule aimed at protecting children's health and safety? 2. Is the rule reasonable? If you've answered "yes" to the first question, the rule is probably legal. But it's possible that a rule aimed at protecting children goes a bit too far. For example: Requiring all children under 18, including high school students to have an adult supervision when using the pool is a bit far-reaching in its attempt to keep children safe. "Familial status" is defined as any household with one or more children under 18 including: Pregnant women Foster kids, adopted kids Grandparents raising their grandkids Kids who split time between parents' homes and only live there part-time The designee of the parent / legal custodian, with the parent or custodian's written permission Anyone securing legal custody of a child under 18 Signs of Discrimination Adults only, Active Adult, Empty Nester Only a child under 5 permitted We don t want any children here Each child must have their own bedroom Higher security deposits for having children Children are not allowed to use skateboards, or bicycles on sidewalks Your children cannot use the pool Children of the opposite sex cannot share the same bedroom We have a curfew for children under 18 Child-free Communities Housing for Older Persons Many communities want to exclude children seem unaware - or perhaps ignore - the fact that they first must qualify for the exemption before they can legally restrict or limit the number of families with children under the age of 18 on their property. To meet the exemption housing providers must: Housing for older persons is exempt from the prohibition against familial status discrimination if: Be able to verify that at least 80 percent of its units are occupied by at least one person 55 years of age or older or 8

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 I recommend you use terms such as senior housing, housing for older persons, 55 and older community'' or retirement community.'' I recently came across a sign that said a 55 and better community. Religion Discrimination - How Do The Fair Housing Laws Define Religion? The laws do not define religion. Presumably, you are not permitted to discriminate against any faith or belief system. However, it is possible that religions based on racial discrimination, such as the Ku Klux Klan, would not be protected by the fair housing laws. Certainly, you are not allowed to treat applicants differently because they lack any faith or organized religion. Examples of Discrimination What church do you go to? I feel more comfortable with other Jews. People who have no religion have no morals. Are you interested in joining the Church of Christ? I hold a prayer meeting every Sunday. Is that something you d be interested in? How do I know you ll be reliable if you don t believe in the word of God? Don t sell your house to those Jehovah s Witnesses they ll bring the neighborhood down. Americans With Disabilities Act - www.ada.gov The Americans with Disabilities Act (ADA), which became effective in January 1992, any business or other facility open to the public to be accessible to the disabled. ADA prohibits housing providers from discrimination against applicants with disabilities and those renters without disabilities who live or are associated with individuals with disabilities, i.e. children, parents, friends, spouses, roommates or subtenants. A disability is defined as any physical or mental impairment that substantially limits one or more major life activities such as walking, seeing, hearing, thinking, self-care, or a chronic condition, such as mental illness, AIDS, blindness, hearing impairment, mental retardation, mobility impairment, etc. Those who have a record of physical or mental impairment includes orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease and diabetes. Recovering alcoholics and drug addicts are also considered to have a disability if they are addressing their addiction through a recovery program and, therefore are covered by the law. The purpose of these laws is to give everyone equal access to available housing in your area. Housing providers do not have to adopt a formal policy and procedures for reasonable accommodations. According to Fair Housing laws, "reasonable" means that the action requested by the individual with the disability does not cause an undue financial or administrative burden to the housing provider, does not cause a basic change in the nature of the housing programs available, will not cause harm or damage to others, and is technologically possible. The laws are not intended to prevent you from turning down a prospective tenant for a legitimate reason. For example, you can turn down a rental applicant of any background if that person has a record of bad debt or too little income to pay the rent, as long as you treat all applicants the same, regardless of their background. 9

Effective December 2011, ADA revisions apply to all new construction or renovated of commercial multifamily, time-share units and hotel condominiums. Visit: www.ada.gov/regs2010/factsheets/title3_factsheet.html Regarding Disability, a Landlord Must Not Refuse to let reasonable modifications to the dwelling or common use areas at the disabled person s expense to fully use the housing. (When reasonable, the landlord may permit changes only if agreed to restore the property to its original condition when you move) Refuse to make reasonable accommodations in the rules, policies, practices or services if necessary for the disabled person to gain full use and enjoy the housing unit on an equal basis with nondisabled persons, i.e. assigning an appropriate parking space, widening of a doorway to accommodate a wheelchair, installing grab bars to facilitate use of bathroom facilities Another example would be where you have a no pet s policy; you must allow a visually impaired tenant to keep a guide dog. Handicap Discrimination What questions may a potential landlord ask during the application phase? When screening applicants for housing, landlords may not ask potential tenants if they have a disability or for any information that relates to a disability. For example, it is illegal for a landlord to ask if an applicant is capable of independent living. It is an illegal inquiry for a landlord, leasing or sales agent to ask a tenant the following questions: What is your disability? What is the nature of your disability? How severe is your disability? How was your disability acquired? What medications do you take? Can you live independently? Do you have AIDS? Why do you need this reasonable accommodation or modification? Are you a fire hazard? A landlord may only ask questions pertaining to one's disability under two circumstances: 1. If a potential tenant is applying for housing specifically for people with disabilities, a landlord may ask if she qualifies for such a unit 2. If a potential tenant is requesting a reasonable accommodation to modify a rule, policy or practice based on her disability, a landlord may request verification of her need for the requested accommodation Landlords may not single out people with disabilities, even for routine questions concerning eligibility for housing. 10

For instance, during the application process a landlord may ask for financial information and references, but must do so for all applicants. Similarly, the following questions are permissible if addressed to all applicants: Will you be able to comply with the rules of tenancy? Will your tenancy pose a direct threat to the health or safety of others? Will you cause damage to others' property? Do you have a criminal history? Are you currently using drugs or have you ever been convicted of the illegal manufacture or distribution of a controlled substance? As landlord may not refuse to rent to an individual with a disability because that individual requires occasional supports or services in order to live independently. Animals That Assist, Support, or Provide Service to Persons with Disabilities Certain animals provide assistance or perform tasks for the benefit of a person with a disability. Such animals, often referred to as assistance animals, service animals, support animals, or therapy animals, provide disability related functions including, but not limited to Guiding visually impaired individuals Alerting hearing-impaired persons to sounds and noises Providing protection or rescue assistance Pulling a wheelchair Seeking and retrieving items Alerting individuals to impending seizures Providing emotional support to persons who have a disability related need for such support data that demonstrates the applicant's inability to meet general requirements. How Can a Housing Provider Determine if an Individual Post a Direct Threat? The Act does not allow for exclusion of individuals based upon fear, speculation, or stereotype about a particular disability or persons with disabilities in general. A determination that an individual poses a direct threat must rely on an individualized assessment that is based on reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The assessment must consider: The nature, duration, and severity of the risk of injury The probability that injury will actually occur Whether there are any reasonable accommodations that will eliminate the direct threat. Consequently, in evaluating a recent history of overt acts, a provider must take into account whether the individual has received intervening treatment or medication that has eliminated the direct threat (i.e., a significant risk of substantial harm). In such a situation, the provider may request that the individual provide documentation. 11

May A Housing Provider Charge An Extra Fee Or Require An Additional Deposit From Applicants Or Residents With Disabilities As A Condition Of Granting A Reasonable Accommodation? No. Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition. What rights does a person with a disability/handicap have in negotiation of the rental agreement? Landlords must offer persons with disabilities the same terms and rental agreement as offered other tenants. To require a tenant with a disability to sign a "hold-harmless" or other liability release agreement that is not required of other tenants violates the FHAA. However, when specifically requested by the applicant, a landlord may modify the standard lease agreement to accommodate a person with a disability. In general, discrimination in the application and screening process appears in three forms: 1. Inappropriate inquiries concerning one's disability status 2. Refusal to rent to an applicant specifically on the basis of his/her disability 3. Refusal to rent to an individual with a disability on the same terms that are provided to tenants without disabilities Servicemembers Civil Relief Act The purpose of the Servicemembers' Civil Relief Act (SCRA) is to postpone or suspend some of the civil obligations of military personnel to allow them to give their full attention to their military duties. In order to receive protection under the SCRA, the Servicemember must prove that military service has materially affected the ability to fulfill their financial obligations. Under certain circumstances, dependents are also afforded protections under the SCRA. Mortgages, Trust and Deeds The SCRA can afford protection to an obligation secured by a mortgage or other security upon real estate or personal property, if that obligation was entered into before entry into military service. It also applies to property owned by a Servicemember or dependent before entry into military service. The breach must occur prior to, or during, the period of such military service. Stay of Court Proceedings during Active Duty Under the SCRA, a Servicemember on active-duty, or during the 90 days following REFRAD (Release From Active Duty), may request a stay of court proceeding during the Servicemembers period of service, plus 90 days. This applies only to civil court matters, and the court is required to grant a stay for at least 90 days, if requested. The request for relief may be made at any stage of the proceedings prior to final judgment. Law H.R. 100 protects Servicemembers and their families from eviction from housing while on active duty due to nonpayment of rents that is $1,200 per month or less and covering housing leases up to $2,400 per month. Provides a Servicemember who receives permanent change of station orders or who is deployed to a new location for 90 days or more the right to terminate a housing lease. Terminating Residential Leases Servicemembers who terminate residential leases due to military duty are protected. Specific provisions: No Retaliation. 12

No landlord may sue or otherwise attempt to retaliate against a tenant who terminated a lease because of military duties. No Discrimination. Landlords may not discriminate against military personnel. No discrimination on the basis of military status creates a cause of action against the landlord for civil damages. Georgia Law 44-7-22 - Termination of a Residential Rental Agreement By a Servicemember As used in this Code section, the term "Servicemember" means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. Any Servicemember may terminate his or her residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met: The Servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises Provide a Servicemember who receives permanent change of station orders or who is deployed to a new location for 90 days or more the right to terminate a housing lease. The Servicemember is released from active duty or stays active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the Servicemember's home of record prior to entering active duty After entering into a rental agreement, the Servicemember receives military orders requiring him or her to move into government quarters After entering into a rental agreement, the Servicemember becomes eligible to live in government quarters and the failure to move into government quarters will result in a forfeiture of the Servicemembers basic allowance for housing The Servicemember receives temporary duty orders, temporary change of station orders, or stays active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days The Servicemember has leased the property but prior to taking possession of the rental premises receives a change of orders to an area that is 35 miles or more from the location of the rental premises Is prematurely or involuntarily discharged or released from active duty The notice to the landlord pursuant to subsection (b) of this Code section shall be accompanied by either a copy of the official military orders or a written verification signed by the Servicemembers commanding officer. In the event a Servicemember dies during active duty, an adult member of his or her immediate family may terminate the Servicemembers residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the Servicemember was on active duty or a written verification signed by the Servicemembers commanding officer and a copy of the Servicemembers death certificate. Upon termination of a rental agreement under this Code section, the Servicemember is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The Servicemember is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this Code section. 13

Notwithstanding any provision of law to the contrary, if a Servicemember terminates the rental agreement pursuant to this Code section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. The provisions of this Code section shall apply to all residential rental or lease agreements entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of such agreements in effect on such date. The provisions of this Code section may not be waived or modified by the agreement of the parties under any circumstances. Resources www.militaryhub.com/article.cfm?id=149 www.hud.gov, www.fairhousing.org, 800-669-9777 Automated Housing Network, www.ahrn.com The Office of Fair Housing and Equal Opportunity (FHEO) Email: fheo_webmaster@hud.gov 800-669-9777 Thank You for Attending Today's Class! Cathy McDaniel Educator, Author My CE Class, LLC cathy@cathymcdaniel.com 404-550-0775 Cell www.cathymcdaniel.com 14