Landlord Falsely Accused Of AIDS Discrimination
According to a February 12, 2004
article in the
St. Petersburg Times, a New Port Richey, Florida landlord
has been falsely accused of evicting a tenant for having
Acquired Immune Deficiency Syndrome (AIDS). The tenant, Stephen
Stoltz, claimed that the landlord, Henry Javer, had mailed
him a letter in which Mr. Javer stated: "I do not want anybody
with Acquired Immune Deficiency Syndrome living in any of my
properties." Mr. Stoltz then complained to the Florida chapter
of the American Civil Liberties Union which assigned him an
attorney, Mr. Paul Rebein, and issued a news release accusing
Mr. Javer of discriminating against Stoltz by initiating an
eviction action against him because he had AIDS. Fact is, the
landlord didn't write the letter, the tenant did! And come to
find out, the tenant owed the landlord $2,200 in back rent, and
that's the real reason why he's being evicted! However, none of
this would've ever happened if the landlord had followed Rule #14 of my
Florida Landlord Rules, and started eviction proceedings on
the same day that the rent was due, by giving the tenant a
Three-Day Notice to Pay Rent or Vacate The Premises.
Broward County
Jury Awards Injured Tenant
$925,000 In Damages
A
Broward County Circuit Court jury recently
awarded a tenant $925,000 in compensatory damages for injuries sustained
from scalding hot water that was reported to be 212 degrees
Fahrenheit. The 84 year-old tenant scalded his hands because of
a faulty hot water heater thermostat that the landlord had
failed to maintain. Cases like this are exactly why on page 110 of my book,
The Florida Landlord's Manual,
I instruct landlords to set the operating temperature on their
hot water heaters at 120 degrees Fahrenheit before tenants take
possession and occupy the rental premises.
New Servicemembers' Civil Relief Act Became Law December 2003
On December 19,
2003, President Bush signed the
Servicemembers' Civil Relief Act into law. The
Servicemembers' Civil Relief Act replaces the Soldiers' and
Sailors' Civil Relief Act that was enacted into law in 1941. The
Servicemembers' Civil Relief Act covers tenants called to active
duty in the Armed Forces of the United States who pay less than
$2,465 in monthly rent, and protects their dependents from
being evicted for up to three months.
Fair And Accurate Credit Transaction Act
The
Fair and Accurate Credit Transactions Act (FACT), was signed
into law by President Bush on December 4, 2003.
The FACT Act applies to the use of consumer credit reports to screen
residential tenant applicants.
Citizenship Status Not Protected Under The Fair Housing Act
The Department of Housing and Urban Development has issued
new Fair Housing Act guidance on screening tenant applicants who
aren't United States citizens. According to HUD, the Fair
Housing Act doesn't prohibit discrimination based solely on a
person's citizenship status. Landlords can ask tenant
applicants to provide documentation of their citizenship or
immigration status during the screening process.
EPA Issues New Indoor Mold Guide
The Environmental Protection
Agency, EPA, has just issued new guidelines for home owners and
renters on how to prevent and clean up indoor mold growth. The
guide is entitled,
A Brief Guide to Mold, Moisture, and Your Home.
FEMA Publishes New Emergency Management Guide
The Federal Emergency Management
Agency, FEMA, has published a new guide entitled,
Emergency Management Guide for Business and Industry, which
provides step-by-step instructions for businesses on emergency
planning, response and recovery.
FTC Issues New Credit Guide For Landlords
The Federal Trade Commission
recently issued a new guide to help landlords comply with the
Fair Credit Reporting Act.
Using Consumer Reports: What Landlords Need to Know,
provides guidance for residential rental property owners who use
consumer credit reports from credit reporting agencies and
tenant screening services to evaluate the creditworthiness of
tenant applicants.
Identity Theft Number One Consumer Complaint
According to the
Federal Trade Commission Press Release, identity theft is the number one consumer complaint nationwide. This means
that Florida's residential landlords need to be more vigilant
than ever when screening tenant and employee applicants to make
certain that they're not victimized by imposters using someone
else's stolen identity in order to perpetrate fraud. This
Federal Trade Commission Web site contains detailed
information on identity theft.
Terrorism Information
The
Florida Division Of Emergency Management has all of the
up-to-date information that Florida's residential landlords need
to know about the ongoing terrorism threat against America.
Florida landlords must remain vigilant and insure they check the
identities of all suspicious looking tenant applicants against
the
FBI Most Wanted Terrorists list to make certain that they
don't unwittingly provide rental housing to any of these
cowardly murderers!
