One of our agents came up to me late Friday afternoon with a question. She had shown a home in a mobile home park that at one time had been classified as "Adult". Only two sheets of paper that said no one under 16 could live there. Of course, we all know that ADULT is no longer a sanctioned designation.
Now bear in mind, this park does not appear on Florida's list of registered 55+ parks, it has no homeowners association, so obviously no HOA President to keep records of the ages of the occupants or to file a 55+ status request with the state. In fact, the current resident of the home is well under 55. Other homes also have young people in them.
The agent had shown the young couple with a baby a small mobile home that they were prepared to pay cash for. The couple happened to be Hispanic, and I would not be surprised if this played a part in what happened next. How much you want to bet?
While the agent was showing the home, two older residents came running over to tell the buyers that they could NOT buy in that park since it was for adults only. Never mind that as I said, the current owner was in his early 30's!
Now, if the home is not in a 55+ park and the agent does not show the home or sell it to the couple, she could be the subject of an action by HUD since discrimination based on familial status is a HUGE no-no, as is discrimination based on race. I suspect both figured in here. So where is the proof that would "hold her harmless" if she does not sell the home to them? No where that we know of.
To read what Florida has to say about 55+ qualifications, you can click here: http://fchr.state.fl.us/ and click on the 55+ Link.
To see HUD's Q&A click here: http://www.hud.gov/offices/fheo/library/hopa95.pdf
Since this happened late on Friday, there was no time to contact the Florida Association of REALTORs legal hotline for advice. The best I could tell her was to tread lightly since HUD punishments are not slaps on the hand. I said she could see if she could write the offer with terms that would allow the buyers to confirm whether or not the park was 55+ qualified or not early next week. Either via the Florida Commission of Human Relations, county housing officials, or the local HUD office. However, of course, I cannot give her legal advice as to the park's status.
If it turns out that some residents are trying to discriminate, they need to be officially educated, and if that does not work, then they need to have a hefty fine levied. Perhaps the local HUD office can help in this respect.
I have no problem whatsoever with 55+ communities and sell many homes in them. But they keep records, file for 55+ status, and know the rules. Many of my friends live there. But residents had better exercise extreme caution and know that they are on solid legal ground when making statements against the residency of protected groups. If not, they deserve whatever the law throws at them. I have zero tolerance for discrimination and would encourage anyone who has become a victim of it to take appropriate actions to stop it.
Do not let ill-informed neighbors get you into hot water that could not only take your license away, but also leave you with a big fine. And I do mean BIG.
Let us know some of the same situations you have encountered and how you handled them. Sadly, they still happen to us all to often. Having lived overseas, I know what it is like to be discriminated against simply for who you are. Most who are bigots here would be shocked if someone pulled the same stuff on them. But a walk in another's shoes can do wonders for your perspectives about these things.
PS: Also do not forget that you need to be aware of state, county, and city Fair Housing laws that might be even stricter than the basic ones set out by the Federal government. You can get into just as much trouble violating them as well.
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